After almost twenty years of negotiations, the Design Law Treaty (DLT) was adopted last Friday in Riyadh, Saudi Arabia, by the member states of the World Intellectual Property Organization (WIPO). The new treaty will make it easier for designers to register their designs internationally.

The Diplomatic Conference to Conclude and Adopt a Design Law Treaty successfully ended on Friday, 22 November, in Riyadh, Saudi Arabia. The twelve-day conference marked the final stage of the WIPO treaty negotiations. The new Riyadh Design Law Treaty (DLT) is an international treaty which aims to harmonise and simplify the international design registration process. It is comparable to the Patent Law Treaty (in force in Switzerland since 2008) and the Trademark Law Treaty (in force since 1997).

 

The DLT obliges the contracting parties to comply with certain requirements regarding the formalities associated with design applications. It stipulates, for example, which indications a design application must contain, which indications are required for a filing date to be granted and under which conditions the publication of a design can be deferred. The DLT will therefore create an internationally harmonised procedure for registering designs.

 

Objectives largely achieved

 

The negotiating states set out to standardise the design registration process at international level where possible and appropriate. In contrast to patent or trade mark law, the procedure for design rights had previously undergone little international harmonisation. This made it particularly difficult and complicated for companies that wanted to protect and use their designs internationally. Although the DLT does not completely eliminate all international differences, it is still a major step towards standardisation.

 

The two-week negotiations ran up to the last minute, with the member states successfully reaching compromises on several controversial points. Firstly, the DLT contains a provision on a grace period, which makes it possible to protect a design even if it has already been published on a website, for example. Another sticking point concerned legal remedies for missed deadlines, but an agreement was reached on this too. Finally, a compromise was found with the countries that had called for a disclosure requirement in connection with traditional knowledge and traditional cultural expressions. As a result, contracting parties may now require design applicants to provide information on these two aspects.

 

Further information on the DLT: https://www.wipo.int/diplomatic-conferences/en/design-law/index.html.