WIPO Diplomatic Conference Adopts Riyadh Design Law Treaty  

On 11-12 November 2024, the Diplomatic Conference to Conclude and Adopt a Design Law Treaty was held in Riyadh, the capital of Saudi Arabia, which concluded with  the approval of the Design Law Treaty by the member states of the World Intellectual Property Organization (WIPO). That the Treaty, after a prolonged negotiation process of nearly 20 years, was finally adopted represents a significant milestone in harmonising design registration process worldwide.

The Treaty seeks to establish a unified legal framework to streamline the procedures and formalities for protection of industrial designs across 193 WIPO member states. Representing China at the conference was a delegation formed by the China National Intellectual Property Administration (CNIPA), the Permanent Mission of the People's Republic of China to the United Nations Office at Geneva and other International Organizations in Switzerland, and the Embassy of the People's Republic of China in the Kingdom of Saudi Arabia. The delegation was headed by Mr. Lu Pengqi, deputy commissioner of the CNIPA.

To address the challenges posed by varying national laws and procedural requirements in implementng design protection, the Treaty focuses on making the procedural framework easier, faster, and more affordable. Key provisions of the Treaty include using a standardised application form, minimal and explicated requirements for granting of a filing date, a 12-month grace period for disclosures to ensure validity for registration, a 6-month publication delay option, simplified procedures for renewal of design registration, an option to correct or add priority claims, relief measures in case of deadline missing, and the reinstatement of lost rights. The Treaty also encourages contracting parties to work towards electronic design registration system and facilitating electronic exchange of priority documents.