Design Law Treaty (DLT)

The Riyadh Design Law Treaty, adopted in November 2024, represents a significant milestone in global intellectual property law. Read here to learn more.

After nearly two decades of negotiations, the World Intellectual Property Organization (WIPO) member states adopted the landmark Design Law Treaty (DLT).

By signing the Final Act of the Riyadh Design Law Treaty, India builds on its progress. It reaffirms its commitment to fostering inclusive growth and ensuring equitable access to intellectual property protection.

Signed by the 193 member states of the World Intellectual Property Organization (WIPO), the treaty aims to harmonize and streamline the registration of industrial designs internationally.

Design Law Treaty (DLT)

The Design Law Treaty (DLT) is an initiative under the auspices of the World Intellectual Property Organization (WIPO), aimed at harmonizing and simplifying the procedural aspects of industrial design registration across different jurisdictions.

By doing so, the treaty seeks to make it easier for creators, especially small and medium-sized enterprises (SMEs) and startups, to secure industrial design protection globally.

Key Provisions of the DLT:

• Relaxed Time Limits and Reinstatement of Rights: The treaty allows for more flexible deadlines and the possibility of reinstating rights if they are lost due to procedural errors, which can be critical for SMEs and independent designers with limited resources.
• Correction and Addition of Priority Claims: Applicants can correct or add priority claims post-filing, providing more flexibility in managing their intellectual property portfolios.
• Simplified Recording of Assignments and Licenses: Streamlined procedures for recording changes in ownership, such as assignments and licenses, reduce administrative burdens.
• Multiple Designs in One Application: Applicants can file multiple industrial designs in a single application, saving time and costs associated with separate filings.
• Promotion of Electronic Filing Systems: The treaty encourages the adoption of electronic design registration systems and the electronic exchange of priority documents to enhance efficiency.

Impact on SMEs and Startups

• The DLT’s focus on procedural simplification is particularly beneficial for SMEs and startups, which often lack the resources to navigate complex international IP systems.
• When paired with initiatives like India’s Startup Intellectual Property Protection (SIPP) scheme, the treaty can significantly enhance global competitiveness by reducing costs and administrative hurdles in securing design rights.
• This facilitates broader access to global markets and strengthens the ability of innovators to protect and monetize their designs.
• By streamlining design protection, the DLT not only fosters innovation but also encourages economic growth and international collaboration in the creative industries.

Significance of DLT

• The treaty simplifies design registration by standardizing procedures, allowing applicants to submit multiple designs in a single application, and offering flexible options for how designs are represented (such as drawings, photos, or videos).
• It also includes provisions for electronic filing and the renewal of design registrations, enhancing efficiency and accessibility for designers worldwide.
• The adoption of the treaty culminated at the Riyadh Diplomatic Conference, the first of its kind hosted outside Geneva in over a decade.
• This event underscores Saudi Arabia’s growing influence in the field of intellectual property and its commitment to fostering innovation.
• The treaty is expected to promote creativity and protect the rights of designers, especially emerging talents, by enabling smoother market entry for their designs across multiple countries.

India and Design Law Treaty

India’s increasing focus on design protection aligns well with the Riyadh Design Law Treaty (RDLT), a recent initiative aimed at harmonizing global design law frameworks.

The treaty seeks to streamline the process of registering industrial designs across member countries by simplifying administrative requirements and ensuring uniform standards.

• Growth in Design Registrations: India’s tripling of design registrations over the last decade, with a 25% rise in design applications just last year, demonstrates a vibrant design ecosystem. Domestic filings have surged by 120%, highlighting growing awareness and participation in intellectual property protection.
• Impact of Joining the RDLT: If India joins the Riyadh Design Law Treaty, it could:
  • Simplify the registration process: Indian designers would benefit from a streamlined, single application process for multiple jurisdictions, reducing administrative burdens and costs.
  • Enhance global competitiveness: Indian innovations would gain faster and broader protection, facilitating exports of design-intensive products.
  • Foster innovation: By providing easier access to international markets, Indian firms, particularly SMEs, could be incentivized to invest further in design R&D.
• Policy Synergy: India’s policies, such as the National IPR Policy and initiatives like Make in India and Start-up India, already emphasize the importance of intellectual property. Joining the RDLT could complement these by enhancing India’s global design influence.

Industrial Design

An industrial design refers to the ornamental or aesthetic aspect of a product that enhances its visual appeal. It is considered a form of intellectual property (IP), protecting the unique appearance of a product rather than its functionality. Industrial designs can be three-dimensional (e.g., the shape of a product) or two-dimensional (e.g., surface patterns or decorations).

• Form and Style: Designs involve elements like shape, configuration, colour, texture, and material.
• Applications: Widely applied to packaging, furniture, clothing, electronics, medical devices, jewellery, and more.

Importance of Industrial Designs

• Market Differentiation: Unique designs make products more appealing, influencing consumer choice.
• Business Value: A well-designed product can significantly enhance brand recognition and market value.
• Competitive Advantage: Protecting a design ensures exclusivity, preventing imitation by competitors.

Protection and Territoriality

• Territorial Nature: Design rights are country-specific, meaning protection granted in one region does not extend internationally.
• Registration Process: Designers must register their designs with the relevant intellectual property office in each country.

Industrial Design in India

The Designs Act, of 2000 is a legislative framework in India that governs the protection of industrial designs.

It replaced the earlier Designs Act of 1911, modernizing the law to align with international standards, particularly the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Objectives of the Act:

• Protection of Industrial Designs: To protect the aesthetics of products, such as shape, configuration, pattern, or ornamentation applied to any article by any industrial process.
• Encourage Innovation: To promote creativity in industries by safeguarding unique designs.
• Prevent Unauthorized Use: To prevent copying and unauthorized use of registered designs by others.

Key Features of the Act:

• Definition of Design: A “design” refers to the features of shape, configuration, pattern, ornament, or composition of lines or colors applied to any article, whether two-dimensional or three-dimensional, that is new or original.
• Exclusions: Designs related to purely functional features, mechanical devices, or modes of construction are excluded from protection.
• Registration Process:
  • Application for registration must be filed with the Controller of Designs.
  • The design must be new, original, and not previously published in India or elsewhere.
• Duration of Protection:
  • Initial protection is granted for 10 years from the date of registration.
  • It can be renewed for an additional 5 years, giving a total maximum protection period of 15 years.
• Infringement and Remedies:
  • Unauthorized use of a registered design is considered an infringement.
  • Remedies include injunctions, damages, or accounts of profits.

Between 2014 and 2024, India saw a tripling of design registrations, with domestic filings up by 120% in the past two years.

• 2023 Milestone: Design applications increased by 25% in 2023 alone, reflecting growing awareness and innovation.

Conclusion

India’s robust growth in design filings and its policy emphasis on innovation position it well to benefit from the Riyadh Design Law Treaty, potentially making the country a leader in global design protection efforts.

India’s commitment to fostering creativity and design innovation has contributed to this substantial growth, making industrial design a crucial asset in the competitive global market.

Frequently Asked Questions (FAQs)

Q. What is the Trademark Law Treaty (TLT)?

Ans: The aim of the Trademark Law Treaty (TLT) under WIPO is to standardize and streamline national and regional trademark registration procedures.

Q. What is the need for a design treaty?

Ans: The future treaty aims to streamline the global system for protecting industrial designs, making it easier, faster and more affordable for designers to protect their work in home markets as well as overseas.

Related articles:

• Intellectual Property Rights (IPR)
• Issues with Intellectual Property Rights
• National IPR policy
• Patent Amendment Rules 2024

-Article by Swathi Satish