On 22 November 2024, 190 states signed the Design Law Treaty in Riyadh – a treaty that will make it easier, faster and cheaper to obtain design protection globally.
The treaty marks the culmination of 20 years of negotiations and is largely inspired by the already existing treaties for trademarks (Trademark Law Treaty) and patents (Patent Cooperation Treaty). As the treaty deals primarily with procedural aspects, important issues such as the legal definition of design and the conditions for obtaining protection will remain with the contracting nations. However, it may make it significantly easier and cheaper to extend design protection globally in the future.
As it is a treaty, its implementation will depend on the contracting states implementing its provisions in their national legislation. Thus, the provisions cannot be invoked directly by citizens or businesses. No specific deadline for implementation has been set.
Until now, design protection globally has been divided into states that protect designs according to patent-like principles (e.g. USA), where there is extensive examination of the application, and trade mark-like principles (e.g. EU), where a design application is registered without any significant examination. The new treaty does not immediately change this, but should be seen as a step towards a more harmonised approach.
It is not expected that the new treaty will have a major impact on legislation in the EU and Denmark, as many of the new rules are already reflected in current legislation in Denmark and the EU, but it may have a particular impact in countries in the Middle East, Asia and South America.
Important changes introduced by the Riyadh Design Law Treaty
The Riyadh Design Law Treaty introduces several important reforms that aim to benefit designers, especially small and medium-sized enterprises (SMEs). Key changes include:
- Streamlined application requirements: The treaty simplifies the application process and provides greater flexibility in how designs can be represented in an application – whether through drawings, photographs or videos. This flexibility allows designers to choose the most appropriate medium to define their work.
- Multiple design applications: All countries will be required to offer an option for an application to include multiple designs, which will reduce the administrative burden and costs associated with protecting multiple designs at once. Some countries now require that an application can only cover one design.
- Grace period and unpublished designs: The treaty provides a 12-month grace period after the first publication of a design, allowing designers to test the market response before deciding to register. It also allows for the registration of unpublished designs, providing more flexibility and more protection options.
So far, the existence of a grace period and its length has been a major point of contention. In China, for example, there is no grace period at all and in Japan it is only 6 months.
- Remedies for missed deadlines: The treaty provides for remedies if deadlines are missed, ensuring that designers do not risk losing their rights due to unforeseen circumstances.
What this means for you
Businesses, especially in the creative sectors, can expect significant benefits from the Riyadh Design Law Treaty – especially if they are seeking international protection for their designs. The streamlined application process and the ability to file multiple designs in a single application will save both time and costs – a significant advantage for SMEs with limited resources. The 12-month deadline allows designers to assess market demand before committing to register, providing a strategic advantage. Furthermore, the remedies for missed deadlines ensure that companies’ rights are protected even in the event of unintentional delays.
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Løje IP is here to assist you with any questions or concerns regarding the new Design Law Treaty. Our team is ready to provide guidance on how these updates may impact your business and help you navigate the new landscape of design protection. If you would like more information or need personalized advice, feel free to reach out to us. You can also read the full adopted treaty [here]