WIPO member states today approved a new Treaty that will make it easier, faster and more affordable for designers the world over to protect their designs both at home and abroad, marking a major step forward in empowering designers and fostering international collaboration in design.
The Riyadh Treaty, so called in recognition of the city that hosted the final stage negotiations, will help to make the framework for design protection procedures more predictable and make the procedures themselves less complex and more affordable. It will be easier for designers to file applications in several different jurisdictions.
What the Treaty will do:
set a maximum list of indications or elements that designers must submit with an application. Establishing a closed list of elements will help to create a predictable framework for design protection procedures: designers wishing to file an application will know exactly what indications or elements may be required.
allow applicants to choose how they represent the design in an application (drawings, photographs or, if admitted by the IP office, video).
allow applicants to include several designs in a single application, under certain conditions.
set out requirements for the granting of a filing date. Keeping the list of filing-date requirements for design applications to a minimum is crucial because, in the field of design, postponing the filing date can result in a definitive loss of rights.
provide for a grace period of 12 months following a first disclosure of the design, during which such disclosure will not affect its validity for registration.
allow applicants to keep their designs unpublished for at least six months after having secured a filing date.
provide relief measures and offer some flexibility to applicants to prevent them from losing their rights if they miss a deadline. Without such measures, missing a time limit generally results in a loss of rights. In the case of designs, that loss is irreparable.
simplify the procedure for requesting the renewal of a design registration.
furthers the introduction of e-filing systems for designs and the electronic exchange of priority documents.
In their statement, the Ministry has commented on how the changes will provide greater flexibility for design applicants and encourages contracting parties to work towards implementing electronic industrial design systems and facilitating the electronic exchange of priority documents.
When combined with initiatives like the Startup India programme and the Startups Intellectual Property Protection (SIPP) scheme, these provisions will help empower startups and SMEs to secure design rights globally, boosting their competitiveness and supporting market growth.
The design registrations in India have tripled, with domestic filings increasing by 120 per cent in the last two years alone.
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