How the Riyadh Design Law Treaty Transforms Design Protection

How the Riyadh Design Law Treaty Transforms Design Protection, Katzarov logo in the corner.
Katzarov SA presents insights into the Riyadh Design Law Treaty’s impact on industrial design protection.

Final adoption of the Riyadh Design Law Treaty

After 20 years of work and negotiations, the final adoption of the Riyadh Design Law Treaty by WIPO Member States in late November 2024 represents a landmark moment in the world of intellectual property (IP) law. This treaty, which aims to harmonize and modernize the global framework for obtaining industrial design protection, is set to benefit businesses, designers, and innovators across industries. With the ever-growing importance of industrial design in global markets, the treaty provides a streamlined approach to securing industrial design rights, fostering innovation, and enhancing cross-border cooperation. 

What is the Riyadh Design Law Treaty? 

The Riyadh Design Law Treaty is an international agreement developed under the auspices of WIPO to simplify and unify the processes involved in obtaining industrial design protection across contracting member states (contracting parties). It is designed to complement existing treaties, such as the Hague Agreement and the Paris Convention, while addressing the unique challenges of the 21st century. By introducing standardized application requirements and registration process, the treaty ensures that industrial designs are better protected on a global scale in a stronger and more unified position. 

While its primary focus is on industrial designs, the treaty has broad implications for industries that rely on innovative design to maintain competitiveness. From fashion and technology to consumer goods, the treaty covers a range of applications where design plays a critical role. 

Key Provisions of the Design Law Treaty 

The treaty’s provisions are designed to create a user-friendly, unified and efficient application system for obtaining industrial design protection in multiple countries (contracting parties). Key features include: 

  • Design Application Content: The treaty provides a closed list of information and elements that must be submitted in an application. A contracting state cannot require any additional information or element.  
  • Representations of the design: The treaty introduces flexibility and allows several types of representations such as photographs, graphic reproductions, and even videos (if admitted by the Office). Further, dotted/broken lines to show portions of the design that do not form part of the claimed design as well as surface shading to show contours and volume are also allowed. Finally, there is no requirement for a minimum or a maximum number of views (representations). 
  • Multiple design application: The treaty allows multiple design application, under certain conditions.  
  • Divisional Applications: The treaty allows filing divisional design applications when the original (initial) application contains more than one design. 
  • Filing Date: The treaty provides minimum requirements for establishing the filing date of a design application.  
  • Grace Period: The treaty provides for a grace period of 12 months after the first disclosure of the design. During this grace period, the disclosure of the design will not be prejudicial for the registration of the design (i.e. novelty and originality of the design will be not affected).  
  • Deferment of Publication: The treaty provides a possibility to defer publication for at least 6 months after the filing date.  
  • Electronic System: The treaty introduces a system for electronic applications and for electronic exchange of priority documents.  
  • Relief Measures in Respect to Time Limits: The treaty provides several relief measures to avoid loss of rights in case of missed deadlines, such as possibilities to extend time limits, obtain reinstatement of rights, correct or add a priority claim and restore priority right.  
  • Non-Recording of a License: The treaty provides that non-recording of a license does not affect the validity and protection of the design subject to the license.   

 

Benefits of the Riyadh Design Law Treaty

For Designers and Creatives 

  • Global Reach: Designers can secure protection for their creations across multiple countries with a predictable and unified application process. 
  • Encourages Creativity: By harmonizing the processes for obtaining industrial design protection in multiples countries, the treaty incentivizes designers to innovate and expand their portfolios. 

For Businesses and Entrepreneurs 

  • Cost Efficiency: A consolidated registration process reduces administrative burdens and minimizes expenses, making industrial design protection accessible to SMEs. 
  • Market Expansion: With enhanced industrial design rights, businesses can confidently enter new markets without fear of losing their competitive edge. 

For Legal Professionals 

  • Simplified Processes: IP professionals benefit from a more predictable and standardized framework for advising clients and managing industrial design registrations

Challenges and Limitations 

While the treaty is now adopted, its implementation may face challenges, including: 

  • Adoption Timelines: Delays in ratification and implementation by member states could slow the treaty’s impact. Indeed, the treaty requires ratification of 15 states or intergovernmental organizations (contracting parties) to enter into force. 
  • Harmonization with National Laws: Aligning domestic legal frameworks with the treaty’s provisions may require significant adjustments. 
  • Resource Constraints: SMEs in developing countries may still face barriers in accessing industrial design protection

Why Businesses Should Act Now

Although the treaty’s implementation timeline remains uncertain, businesses cannot afford to wait. Protecting industrial designs under current frameworks is essential to securing competitive advantages and safeguarding innovations. 

Conclusion 

The Riyadh Design Law Treaty marks a new era of global industrial design protection, offering streamlined processes, unified application requirements, and greater accessibility for all stakeholders. As the world moves toward a more unified IP system, this treaty underscores the importance of protecting industrial designs in a competitive global economy. 

To learn more about how Katzarov can assist with your industrial design applications and ensure comprehensive protection for your creations, contact us today. Together, we can shape the future of innovation and secure the intellectual assets that drive your business forward. 

Prepared by Andrea Manola & Viktoriia Didur