What Can We Expect from the Riyadh Agreement on the Law of Designs?

Streamlining the Industrial Design Registration Process

Twenty years ago, the World Intellectual Property Organization (WIPO) initiated efforts to unify the requirements and procedures for registering industrial designs. Finally, on November 22, this institution approved the Riyadh Agreement on the Law of Designs (DLT), which harmonizes and simplifies the procedures for registering industrial designs. This includes both those filed through international systems, such as the Hague System, and applications submitted directly to national offices.

Industrial designs are an essential part of everyday life, ranging from the shape of our mobile phones and lamp designs to the contour of a soda bottle. However, unlike trademarks, where a high degree of international legal harmonization exists, the registration process for industrial designs remains complex, with requirements varying significantly across jurisdictions.

The DLT aims to remove these barriers by creating a regulatory framework that standardizes procedures, eliminates redundant requirements, and reduces registration costs.

Key Features of the Agreement

1. Maximum List of Requirements for Design Applications The treaty sets a limit on the requirements that offices can impose for processing an application, establishing a harmonized maximum standard. This measure seeks to prevent individual jurisdictions from introducing additional, often unnecessary, requirements.
2. Flexibility in Design Representation Applicants can choose how to represent the designs in their applications, using drawings, photographs, or even videos, where permitted by the relevant national office.
3. Multiple Design Applications The agreement allows multiple designs to be included in a single application, provided certain conditions are met. For example, in Spain, multiple design applications have been allowed since 2003, as long as all the designs belong to the same class under the International Classification for Industrial Designs established by the Locarno Agreement. This measure not only reduces costs for designers but also improves the efficiency of the registration process.
4. Clear Requirements for Filing Dates The treaty explicitly defines the criteria necessary to establish a filing date, offering greater legal certainty to applicants.
5. 12-Month Grace Period Owners are granted a 12-month grace period from the first disclosure of a design to proceed with its formal protection. This measure, already in place in Spain, allows owners to evaluate the commercial viability of their design before committing to formal protection and incurring associated costs.
6. Protection of Unpublished Designs Applicants have the option to keep their designs confidential, without public disclosure, for at least six months after the filing date. This feature provides a strategic advantage, particularly in industries where product launches require careful planning.
7. Relief Measures and Deadline Flexibility The agreement introduces measures to provide greater flexibility with deadlines to avoid the loss of rights.
8. Simplification of Design Renewals The renewal process for a design registration is simplified, reducing the administrative burden for both applicants and offices.
9. Promotion of Electronic Filing Systems The treaty encourages the adoption of electronic filing systems and the submission of documents in digital formats, enhancing administrative efficiency.

Global Benefits

The simplification of the industrial design registration process enhances competitiveness by making it easier for protected products to reach international markets. Additionally, this streamlining reduces registration costs, directly benefiting design owners.

Challenges

Although the DLT represents a significant step forward in the field of designs, there is still work to be done, particularly ensuring that signatory countries implement the treaty uniformly.

If you need advice on protecting an invention or product, reach out to our team.