New York, NY—November 30, 2017—The International Trademark Association (INTA) Board of Directors recently approved a resolution adopting Model Design Law Guidelines. The guidelines will serve as a standard for the Association’s analysis of and comment on national and regional design laws and regulations.
“The time is right for INTA to increase its advocacy with regard to the protection of designs,” said INTA President Joseph Ferretti. “These guidelines provide the Association with a foundation from which it can advocate when a jurisdiction is thinking of creating or amending design law, and to present model laws that are beneficial to both brand owners and consumers globally.”
The Board’s action, taken at its November meeting, reflects the Association’s broadening scope to include this aspect of intellectual property (IP) and follows the establishment of a dedicated Designs Committee in 2016. It also comes on the heels of reviews of legislation governing designs in jurisdictions around the world, including most recently in Israel, Singapore, and the European Union.
With significant advances being made in technologies, such as 3D printing, and the impact of geo-political changes, such as Brexit, on regional and international trade agreements, design protection is top of mind for IP professionals and other stakeholders.
The Designs Committee’s International Designs Harmonization Subcommittee drafted the guidelines. David Stone, the chair of the Designs Committee and partner at Allen & Overy LLP, United Kingdom, and Gregg Paradise, the subcommittee chair and partner at Lerner David Littenberg Krumholz & Mentlik, LLP, Westfield, N.J., presented them to the Board.
The guidelines are written in a jurisdictionally neutral way and enable INTA to take positions purely on design law and practice, without a connection to trademarks. “This is a living document that will evolve over time, continuing to provide INTA staff and committees with a core set of principles to use with regards to design law globally,” Mr. Stone said.
In drafting the guidelines, committee members considered INTA’s approach to similar guidelines covering trademarks and anticounterfeiting but from a design perspective. They also drew on both existing and proposed design rights treaties and legislation that reflect current design law thinking, as well as INTA members’ expertise worldwide.
INTA’s Model Laws and Guidelines are made available to legislatures and IP offices around the world that are working to draft or revise IP-related statutes, regulations, and agreements.
Also related to design, INTA will be hosting a conference entitled “The 2018 Designs Conference: The Power of Design” in London on February 26-27, 2018. Leading business and legal experts will discuss how to harness the power of designs and navigate the challenges of obtaining valid and enforceable protection.
About the International Trademark Association (INTA)
The International Trademark Association (INTA) is the global association of trademark owners and professionals dedicated to supporting trademarks and related IP in order to protect consumers and to promote fair and effective commerce. Members include more than 7,000 trademark owners, professionals, and academics from more than 190 countries who benefit from the Association’s global trademark resources, policy development, education, training, and international network. Founded in 1878, INTA is headquartered in New York City, with offices in Brussels, Santiago, Shanghai, Singapore, and Washington, D.C., and representatives in Geneva and New Delhi. For more information, please visit www.inta.org.