WIPO Design Law Treaty

What were the outcomes of the diplomatic conference?

The Diplomatic Conference to Conclude and Adopt a Design Law Treaty involved two weeks of multilateral negotiations that led to consensus agreement on the Riyadh Design Law Treaty, and more streamlined processes for applying for design rights.

Under the treaty, application procedures will be more consistent and predictable internationally, to help designers meet requirements in other jurisdictions and plan pathways into export markets.

Treaty outcomes will be particularly useful for small and medium businesses that may not use legal representation, or don’t usually seek to protect their designs overseas due to varying application requirements between countries.

What is in the treaty?

You can view the text of the Riyadh Design Law Treaty, and accompanying regulations and resolutions here: DLT/DC/26

The treaty creates a framework for how designs are protected in different countries and harmonises administrative procedures, rather than changing laws around what a design right protects.

The treaty limits administrative requirements intellectual property (IP) offices may impose for certain procedural steps around design right applications, filing dates and renewals. It requires IP offices to provide certain administrative protections and flexibility to applicants, such as grace periods, deferments of publication, and relief measures to prevent applicants from losing their rights if they miss a deadline.

Design right applicants around the world will be allowed to choose how they represent the design in an application (e.g. drawings, photographs, or, if admitted by the IP office, video), and, under specified conditions, allow several designs in a single application.

The Riyadh Design Law Treaty 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 Traditional Cultural Expressions or Traditional Knowledge in a design application?

A significant achievement of this treaty is that it gives IP offices the option to require applicants to disclose the source of any other information they are aware of, including information on Traditional Cultural Expressions or Traditional Knowledge that is relevant to eligibility for registration of the design.

That means member countries can create or keep their own rules about disclosure of Indigenous Knowledge used in design applications.

IP Australia is working with First Nations representatives on how designers should disclose this information.

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

Is Australia automatically part of the Riyadh Design Law Treaty?

No. Concluding a treaty negotiation does not mean a country is instantly bound by it. It was agreed during negotiations that the treaty will enter into force three months after 15 WIPO members join. Only members that join will be bound by it.

The next step for Australia is consideration by the Australian Government on whether joining is in Australia’s national interest. You can find out more about Australia’s treaty making process on the DFAT website: Australia’s treaty-making process | Australian Government Department of Foreign Affairs and Trade.  

How was my feedback in this consultation used?

IP Australia took views provided by interested stakeholders into account when shaping Australia’s negotiating position.

IP Australia will also consider stakeholder views when considering domestic policy around design protections.

As noted in the original call for submissions, any comments made will remain confidential and won’t be published without permission.

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 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 trade marks, patents, designs and plant breeder's rights.

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 adopts resolutions and decisions by consensus or vote.