INTA Participates in WIPO Diplomatic Conference to Conclude a Design Law Treaty

The WIPO Diplomatic Conference to Conclude a Design Law Treaty took place at the King Abdulaziz International Convention Center in Riyadh, Saudi Arabia, in November 2024.

The event, which brought together approximately 900 delegates, including representatives from 190 WIPO member states and multiple intergovernmental organizations, marked the culmination of extensive negotiations on a proposed treaty aimed at supporting designers worldwide by simplifying and harmonizing the process of protecting industrial designs.

INTA participated in the Conference as an observer and actively contributed to discussions on the Design Law Treaty (DLT). The Association was represented by Design Committee members Richard Stockton (Banner Witcoff, USA) and Divyendu Verma (Audiri Vox, United Arab Emirates), and Tat-Tienne Louembe, INTA’s Chief Representative Officer for Europe and IGOs. Their presence underscored INTA’s commitment to shaping the global design law framework.

In addition to participating in the Conference, the Association presented its official positions on key provisions of the DLT to Conference participants, ensuring alignment with its existing policies, under the coordination of INTA Sr. Policy Advisor and Designs Committee staff liaison Erica Vaccarello.

A Landmark Agreement for Industrial Design Protection

Over the course of 10 days of discussions, participating jurisdictions successfully adopted a unified legal framework for the protection of industrial designs. This Treaty represents a major milestone in the evolution of international intellectual property (IP) systems, promising to (1) streamline procedural formalities; (2) reduce costs; and (3) make design registration more accessible and consistent on a global scale.

Objectives and Scope of the DLT

The DLT primarily focuses on procedural formalities associated with industrial design applications. Its overarching goal is to facilitate easier, faster, and less costly protection of designs across multiple jurisdictions. This is particularly advantageous for micro, small, and medium-sized enterprises, which often face challenges in navigating diverse IP systems.

Key Provisions of the DLT

The Treaty comprises 34 articles and 18 rules, which collectively aim to standardize and simplify the design registration process. Some of the notable provisions include the following:

• Standardized Application Requirements (Article 4): Establishes uniform requirements for design applications, including details about the applicant, a clear representation of the design, and the option for electronic submissions.
• Grace Period (Article 7): Provides a 12-month grace period for filing a design application after public disclosure, ensuring that designers do not lose rights because of early disclosures.
• Deferred Publication (Article 10 and Rule 6): Allows applicants to delay the publication of their designs for at least six months from the filing date.
• Relief for Time Limits (Article 14): Enables extensions and reinstatements of rights in cases of missed deadlines.
• Multi-Design Applications (Article 16): Permits multiple designs in a single application, reducing administrative and financial burdens.
• Digital Representation (Rule 3): Accommodates modern technological advancements by allowing designs to be represented through photographs, graphic reproductions, or other visual media.
• Correction and Addition of Priority Claims (Article 16): Ensures applicants can correct or add priority claims under specific conditions.
• Non-Recording of Licenses (Article 19): Protects the validity of a design registration even if licenses are not recorded with WIPO.

Addressing Global Concerns

One of the most debated aspects of the DLT was the inclusion of provisions related to (1) traditional knowledge (TK); (2) traditional cultural expressions (TCE); and (3) biological/genetic resources (BGR). The African delegation and several other groups emphasized the need for mandatory disclosure of the origins of these elements in design applications. While this proposal was not incorporated into the main text of the DLT, it remains a critical issue for future discussions.

Implementation and Ratification

The Treaty will enter into force three months after at least 15 member states ratify it. Given the precedent set by similar treaties, this process could take two to five years. Jurisdictions are expected to align their domestic laws with the Treaty’s provisions to facilitate smooth implementation.

Challenges and Future Directions

While the DLT addresses many procedural hurdles, some issues remain unresolved. For instance, the Treaty does not mandate substantive harmonization, leading to potential disparities in design protection standards. Additionally, concerns about the treatment of TK, TCE, and BGR highlight the need for more inclusive international frameworks.

The Treaty’s success will largely depend on its adoption and effective implementation by member states. Further discussions and possible supplementary agreements may be needed to address the gaps left by the DLT.

At the Diplomatic Conference, 18 states became DLT signatories. Uruguay became the 19th signatory on March 5, 2025. However, no states have deposited instruments of accession or ratification yet. The DLT will not take effect until three months after 15 states deposit those instruments. INTA’s Designs Committee will keep monitoring the implementation process.

The Riyadh Design Law Treaty represents a landmark achievement in global IP governance. By simplifying the procedural aspects of design registration, it paves the way for greater innovation and creativity. As jurisdictions begin the process of ratification and implementation, the Treaty holds the promise of transforming the landscape of industrial design protection, ensuring that creators worldwide have access to robust and efficient legal mechanisms to safeguard their work.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.

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