WIPO Design Law Treaty

What will be discussed at the diplomatic conference?

Discussion will focus on concluding a Design Law Treaty (DLT). It will aim to benefit designers who seek protection for their designs both within and outside of their home countries by providing increased certainty. This will particularly benefit small and medium businesses, who may not use legal representation, and/or do not usually seek to protect their designs overseas due to the difficulties of meeting differing requirements in other countries. 

WIPO has prepared a short clip about the DLT: What is WIPO’s Design Law Treaty?

What is in the draft Design Law Treaty text?

The DLT is a procedural treaty. It is designed to create a framework to harmonise administrative procedures for protecting designs in different countries, rather than change the law around what a design right protects. The draft text sets a limit on the administrative requirements that intellectual property (IP) offices may impose for certain procedural steps (e.g. design applications, filing dates, renewals etc). It also requires IP offices to provide certain administrative protections or remedies (e.g. grace period, deferment of publication, extensions of time etc).

If concluded, it will play a similar role for designs as the Trademark Law Treaty and the Singapore Treaty on the Law of Trademarks do for trade marks and the Patent Law Treaty does for patents.

What is meant by disclosure of biological/genetic resources, traditional cultural expressions or traditional knowledge in a design application?

One of the proposals under negotiation would allow an IP office to require an applicant to disclose the source of any traditional cultural expression, traditional knowledge or biological/genetic resources that they have used or incorporated into their design. At present IP Australia does not require designers to disclose this information. However, it refuses to protect designs that consist solely of or incorporate Indigenous Knowledge in a way that results in misuse and/or a deceptive connection with an Indigenous person or group.

This proposal would not make it mandatory for IP offices to incorporate such requirements but would give IP offices the ability to require such disclosure.

For more information on IP Australia’s current approach to Indigenous Knowledge and design rights, see IP Australia: Indigenous Knowledge

If the treaty negotiations conclude, will Australia join?

Concluding a treaty negotiation does not mean Australia is automatically bound by it. The government would need to decide if Australia should join, which it will only do if this is in the national interest.

The treaty would only enter into force once a certain number of WIPO members join (the exact number is part of the negotiation), and only those members that join will be bound by it.

How will my feedback to this consultation be used?

While we won’t publish your comments, we will take them into consideration when negotiating the final text of the treaty. The diplomatic conference will involve many countries and there are a number of outstanding issues to be resolved.

IP Australia will use views from interested stakeholders to shape Australia’s position, noting that in a multilateral setting, there is no guarantee on the outcome.

What is a design right?

A design right is an IP right that protects the overall visual appearance of a new and distinctive product that:

• has a physical and tangible form
• is manufactured or handmade
• is produced on a commercial scale.

The process for obtaining a design right varies globally. In Australia, registration is undertaken as a first step, followed by an examination to certify the design. A design right is only enforceable after it is certified.

What is WIPO?

WIPO is the World Intellectual Property Organization; it is a United Nations agency that promotes the protection and use of IP rights worldwide.

WIPO provides a forum where governments debate and shape IP treaties, to adapt them to the changing needs of the global society. WIPO operates international filing systems that make it easier to protect and promote inventions, designs and brands across borders. Their goal is to make IP work for everyone. They also provide cooperation and training programs to enable all countries to use IP for economic, social and cultural development.

IP Australia represents the Australian Government at WIPO forums relevant to registered IP rights, such as trademarks, patents and designs.

What is a diplomatic conference?

A diplomatic conference is a meeting of government representatives from different countries to negotiate and adopt or revise treaties on international issues.

A diplomatic conference under WIPO is usually the final stage of negotiations on a specific IP topic after years of preparatory work by WIPO committees and experts. It follows a set of rules of procedure, an agenda and it adopts resolutions and decisions by consensus or vote.