The Riyadh Design Law Treaty (‘DLT’) was adopted by the member states of the World Intellectual Property Organization(‘WIPO’) on 22nd November 2024 after nearly 2 decades of negotiations. These negotiations began in the year 2005 with the aim of harmonizing and simplifying the procedural frameworks for industrial design protection in various jurisdictions across the world. India signed the DLT on 26th November 2024 fulfilling its commitment to fostering innovation and walking abreast with global developments. Over the past decade, design registrations in India have tripled, with domestic filings increasing by 120% in the last two years alone. Notably, design applications grew by 25% in 2023.[1]

The DLT comprises of 34 Articles and 18 Rules with key provisions designed to simplify processes, reduce administrative burdens and promote uniformity across jurisdictions. Here are some of the most impactful aspects of the DLT:

  1. Set requirements: Establishes[2] a list of essential information and documents that an applicant needs to provide at the time of filling an application. This list establishes a streamlined framework for the signatories to follow which will also make applicants more confident of the filing process outside their home country.
  2. Early filing date: The DLT makes a distinction between ‘permitted requirements’ and ‘permitted additional requirements’. The former (being elements like identity of applicant, clear representation of industrial design and contact details of the applicant) which, when provided, are sufficient under the new treaty to accord a filing date to the application. In other words, the Applicants can get a filing date promptly even if certain formalities are completed later, thereby protecting rights from the earliest possible date. The permitted additional requirements are a list of requirements which the contracting parties, whose laws, require that an application complies with these requirements, can add to the list of ‘permitted requirements’. These include an indication of the product which incorporate the industrial design in relation to which it is to be used, description of the reproduction of the characteristic features of the industrial design, fees etc.
  3. Allows several designs in a single application: The DLT sets forth options to allow multiple designs to be filed for at the same time rather than requiring separate applications for individual designs.
  4. Grace Period: This stellar provision in the DLT permits the Applicants to file for industrial designs up to 12 months of public disclosure without hindering the registrability of their design. This marks a significant improvement over Article 11 of the Paris Convention which offers temporary protection to industrial designs in respect of goods exhibited at official or officially recognized international exhibitions only. In today’s digital age, designs are often launched through online platforms or meetings. Thanks to the DLT, the applicants will now have a grace period of 12 months to file for registrations of such designs, regardless of the disclosure.
  5. Relaxed time limits: The DLT contains provisions that allow extension of time limits for an action in a procedure before the office[3]. The DLT also provides for reinstatement of rights if a deadline was missed unintentionally.[4] Additionally, Article 16 addresses addition of priority claims which enables the applicants to rectify certain mistakes within given time limits.
  6. Effects of non-recording of a License: Article 19 stipulates that the validity and protection of an industrial design are not compromised by the non-recording of a license with the relevant Office or authority of a Contracting Party. Furthermore, it ensures that a licensee’s rights, such as participating in infringement proceedings initiated by the holder or seeking damages from infringements, are not dependent on the recording of the license.
  7. Disclosure of Traditional Knowledge(‘TK’): The DLT’s inclination to protect TK is a welcome measure especially in the Indian context. Contracting countries shall require Applicants to file information on traditional cultural expressions and TK relevant to the eligibility of design. [5]

It is important to note that the treaty has not yet come into force as it requires 15 Member States or intergovernmental organizations to sign the same which typically takes a few years. DLT’s emphasis on safeguarding cultural expression and traditional knowledge will be a stepping stone in protecting India’s cultural heritage and rich history while fostering innovation. Time will tell how the changes are incorporated into the Indian regime to maximize the benefits of the introduced changes.

By Advocate Aamna Khan

[1] https://pib.gov.in/PressReleasePage.aspx?PRID=2077272

[2] Article 4

[3] Article 14

[4] Article 15

[5] Article 9