The Riyadh design law treaty – an important milestone in the history of the industrial design protection

In a recent article, we examined the EU design legislative reform and how it will impact the legal system for design protection in the EU and meet the needs of users in a new digital age.

In the same spirit to ensure implementation of a more modern and affordable system for designers to protect their designs, Member States of the World Intellectual Property Organization (WIPO) approved and adopted on 22 November 2024 the 28^th Treaty called Riyadh Design Law Treaty.

This represents a major breakthrough in efforts to gain a predictable framework for design protection procedures.

Indeed, there is a large disparity worldwide as to the registration process and filing procedures set up by the IP Offices concerning e.g. representations of the design (drawings, photographs or video), possible multiple design applications and filing-date requirements.

By providing a more uniform environment for designers to file applications in several jurisdictions and a more secure system to avoid risk of loss of rights (by delaying the filing date or by the disclosure of the design that can lead to such loss after a grace period), the Riyadh Design Law Treaty aims to harmonize the filing systems and promote registration of works by designers, in particular for the benefit of small and medium-sized enterprises (SMEs).

The WIPO’s strategy of offering flexibility to applicants for safeguarding their rights and technical assistance to developing countries for the implementation of the Treaty illustrates the willingness to spread a common approach around the world on design rights as valuable IP rights and significant drivers of innovation.

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