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The Riyadh Design Law Treaty - What It Is and How It Empowers Designers Globally
After two decades of negotiations, the industrial design world finally has its moment.
The global landscape of industrial design protection has long been fragmented, with diverse national procedures creating barriers for innovators. In today’s economy, where designs drive brand identity and consumer appeal, this fragmentation not only increases administrative burdens but also stifles creativity.
The growing economic importance of designs has sparked demand for a harmonized international framework, leading to the development of the Riyadh Design Law Treaty (RDLT). This treaty not only overcomes the fragmentation of national systems but also provides innovative solutions that better reflect today’s digital, fast-paced, and culturally diverse environment.
Background
Industrial designs which comprise a product’s appearance, form, and ornamental features, drive consumer appeal and brand identity. Traditionally, designers have navigated a maze of divergent national legal systems, resulting in increased costs, administrative burdens, and legal uncertainty.
Recognizing this challenge, discussions to forge a unified framework began as early as 2005 under the auspices of WIPO’s Standing Committee on Trademarks, Industrial Designs, and Geographical Indications. Over nearly 20 years of iterative proposals, stakeholder consultations, and refinement, the treaty reached its final form during a two-week diplomatic conference hosted at Riyadh.
Key Provisions of RDLT
Adopted on November 22, 2024, the treaty introduces a series of changes particularly beneficial for micro, small, and medium-sized enterprises (SMEs). Here are some of the hallmark provisions:
1. Uniform Application Requirements
- Closed List of Required Elements:
The treaty standardizes the design application by establishing a clearly defined, closed list of indications and elements. Applicants now know exactly what to submit, ranging from basic identification details to representations of the design, ensuring predictability and consistency across jurisdictions.
- Simplified Filing Date Requirements:
To secure a crucial filing date (which determines novelty and priority), the treaty minimizes mandatory requirements to only those essential for identifying the applicant and illustrating the design. Even if the complete documentation is submitted later, a filing date is granted based on a minimal, yet clear, set of submission criteria.
2. Flexible Representation Options
- Multiple Formats Accepted:
Gone are the days when only monochrome line drawings were acceptable. The treaty permits designers to represent their work using drawings, photographs, or even video files. This adaptation embraces the evolution of digital media and accommodates designs ranging from traditional artifacts to dynamic digital interfaces.
- Multiple Formats Accepted:
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- Multi-Design Applications:
Applicants may file several designs in a single application under defined conditions. This not only reduces filing costs but also helps maintain the original filing date if a division becomes necessary.
- Multi-Design Applications:
3. Enhanced Protection Periods and Relief Measures
- 12-Month Grace Period for Disclosure:
Designers now benefit from a mandatory grace period. This 12‑month window allows for the public disclosure of a design without jeopardizing its novelty, a critical buffer for those testing the market or showcasing their creations, especially in jurisdictions with “absolute novelty” rules.
- Deferred Publication and Unpublished Period:
The treaty provides for deferred publication options. Designers can choose to keep their designs unpublished for at least six months after obtaining a filing date, granting them control over when their creations are introduced to the market.
- Relief Measures for Missed Deadlines:
Recognizing that administrative or unforeseen challenges may occur, the treaty offers a suite of relief measures, including provisions for extensions and reinstatement of rights. This is especially beneficial for SMEs and independent creators who might otherwise lose protection due to minor procedural lapses.
4. Digital-First and Future-Proofing Measures
- Embracing E-Filing and Data Exchange:
The treaty furthers the adoption of electronic filing systems and facilitates the electronic exchange of priority documents. This digital-first approach not only speeds up the registration process but also makes global protection more accessible for designers in remote or under-resourced areas.
- Dynamic Two-Tier Structure:
Comprising 34 articles and 18 rules, the treaty establishes an Assembly of the Contracting Parties that will oversee regulatory updates. This framework ensures that the system remains current with emerging technologies and evolving market needs, offering the flexibility to amend the regulations as necessary.
5. Cultural Sensitivity and Traditional Knowledge
Protection for Traditional Cultural Expressions:
One unique provision allows for the inclusion of information regarding traditional cultural expressions and traditional knowledge. This acknowledges the value of indigenous art forms and cultural heritage, ensuring that local creators receive appropriate recognition and protection under global design law.
Compared to previous frameworks like the Hague Agreement, which offered more rigid filing formats and limited representation options. The Riyadh Treaty represents a substantial step forward in flexibility and global harmonization.
How the Riyadh Treaty Differs from the Hague System
While both the Riyadh Design Law Treaty and the Hague System seek to simplify design protection, the treaty takes a jurisdiction-specific approach. The Hague System offers a single application process for multiple jurisdictions; however, it does not standardize the national administrative requirements. In contrast, the RDLT sets a uniform, predictable baseline for national procedures, making it easier for designers to navigate different regulatory landscapes without the need to adapt to divergent local requirements.
Implementation and Global Impact
The treaty is designed to eventually cover all 193 WIPO member states, though it will only enter into force once at least 15 contracting parties ratify it. This process is estimated to take between two to five years. In the interim, governments and industry stakeholders are advised to prepare for a phased adoption:
Capacity Building and Technical Assistance:
WIPO is set to provide technical assistance and training programs, especially in developing and least-developed countries, to help implement the new procedures.
Guidance for Stakeholders:
Legal practitioners, IP professionals, and designers should update internal processes and engage with local IP offices to understand how national nuances might affect the treaty’s application. Comparative analyses with existing frameworks, such as the Hague Agreement, can also provide strategic insights into global filing practices.
Legislative and Regulatory Amendments:
Countries may need to amend existing design laws to align with the treaty. Early adopters are encouraged to start these legislative modifications to ensure a smoother transition once the treaty comes into force.
PatSeer’s AI-driven Industrial Design Search Platform
Looking at the growing importance of searching across worldwide designs by both image and text search, PatSeer has launched an Industrial Design Search platform with comprehensive global coverage. It’s advanced search features and filters help you navigate the design landscape with ease.
Key Features of PatSeer Design:
- AI-Powered Image Similarity Search
Upload any design image to find fast, accurate visual matches.
- Value-Added Content (VAC) Search
Use keywords related to design elements like shape, texture, or structure to uncover relevant design records.
- AI-Driven Specialized Filters
Automatically generated smart categories based on functional, ornamental, or structural elements to help you refine large result sets with ease.
- Multi-Jurisdictional Analysis
Track design filings and manage IP portfolios across jurisdictions—critical for designers leveraging the RDLT to expand protection.
These capabilities help in adopting a more robust and strategic filing approach.
Conclusion
The Riyadh Design Law Treaty ushers in a new era of global design protection—empowering innovators with streamlined, cost-effective, and harmonized registration processes. With intelligent search capabilities, designers can confidently navigate this evolving landscape, ensuring both creative freedom and legal security.
PatSeer’s AI-driven Industrial Design Search platform simplifies how businesses navigate industrial design patents. Utilizing the latest image pattern recognition technologies, PatSeer offers unparalleled image search capabilities, helping innovators and companies quickly identify similar designs across 86 authorities.
