The Design Law Treaty (DLT) is an international legal instrument proposed by the World Intellectual Property Organization to harmonise part of the design law, more specifically the application procedures, as well as other matters. It aims to streamline the global system for protecting industrial designs, making it easier, faster and more affordable for designers to protect their work in home markets as well as overseas. It will complement the existing patent and trademark treaties.[1][2]
| Design Law Treaty | |
|---|---|
| Drafted | 2005 – 2024 |
| Depositary | WIPO |
Background and history
edit2005
editThe discussions over the DLT began in 2005, when, at its fifteenth session, the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications[3] (SCT) agreed to start working on design registration formalities and procedures.[4]
Work at the SCT kicked off[5] with a questionnaire to gather information about design procedures and formalities in WIPO member states. Based on the returns to the questionnaire[6] and on several observer organizations’ submissions, the SCT identified existing divergences, common trends and possible areas of convergence, as well as users’ preferred practices.[7] To inform its work, the SCT also requested the Secretariat to prepare a number of information documents[8][9] and to carry out a Study on the Potential Impact of the Work of the SCT on Industrial Design Law and Practice,[10] including an analysis of the flexibilities for SCT Members in the draft Articles and draft Rules on Industrial Design Law and Practice.[11] This comprehensive preparatory work materialized in a set of draft Articles and draft Regulations, which constitute the basis of the draft treaty.
2005 - 2022
editOver several years, the SCT reviewed in detail a number of iterations of the draft Articles and draft Regulations.[5] However, two outstanding issues prevented the WIPO General Assembly from agreeing to convene a diplomatic conference until the breakthrough decision of the 2022 WIPO General Assembly.[12]
The first issue concerned technical assistance and capacity building.[12] Although there appears to be a principle understanding on the importance of provisions on technical assistance and capacity building, one of the unresolved questions is whether those provisions should be adopted in the form of an article in the treaty or a resolution by the Diplomatic Conference Supplementary to the DLT. Delegations still have divergent opinions on that question, which will continue to be discussed during the Diplomatic Conference in November 2024.
The second issue relates to a proposal made in November 2015, at the 34th session of the SCT, by the African Group. The proposal consists in adding in Article 3(1)(a) of the draft DLT, which sets a maximum list of indications or elements to be included in an application for design protection, a non mandatory requirement of disclosure of the origin or source of traditional cultural expressions, traditional knowledge or biological/genetic resources utilized or incorporated in an industrial design. This proposal, however does not have the unanimous support of all Member States. At the occasion of the fifty first (24th ordinary) session of the WIPO General Assembly in 2019, Ambassador Socorro Flores Liera from Mexico, acting as facilitator, proposed a compromise solution, without reaching consensus. The African Group proposal, along with Ambassador Flores’ compromise solution, are part of the Basic Proposal for the draft treaty and will therefore be discussed during the Diplomatic Conference.[12]
2022: Decision to convene a Diplomatic Conference
editThe decision to convene a Diplomatic Conference to negotiate a Design Law Treaty (DLT) was taken by the 2022 session of the World Intellectual Property Organization (WIPO) General Assembly, after a number of previous unsuccessful attempts.[13] At that General Assembly, WIPO member states also decided to convene a Diplomatic Conference to Conclude an International Legal Instrument Relating to Intellectual Property, Genetic Resources and Traditional Knowledge Associated with Genetic Resources. This diplomatic conference was held in May 2024 and was successful in adopting the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge.
The DLT Diplomatic Conference will bring together WIPO member states and accredited observer organizations in a high level meeting to finalize and adopt a new international treaty to be administered by WIPO. Protection for designs is usually obtained through a registration procedure or the grant of a design patent. The rights arising from protection obtained in one country (or region) are limited to that country (or region). Thus, designers need to follow the procedures set by the intellectual property (IP) office of each country in which they seek protection. Those procedures vary significantly from one jurisdiction to another and can be very formalistic. The DLT is expected to make a difference to designers all over the world. The treaty's objective is to make it easier and cheaper for designers to protect their designs in their home markets and abroad by simplifying procedures and streamlining design protection procedures.[1][14]
2023
editIn preparation for the Diplomatic Conference, and as mandated by the 2022 WIPO General Assembly Decision, the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) met in a Special Session “to further close any existing gaps to a sufficient level” from October 2 to 6, 2023, in Geneva (Switzerland).[15] This session agreed on the text of the Basic Proposal to be considered by the Diplomatic Conference, consisting of the draft articles and draft rules, along with proposals made by delegations during that session. In addition, a Preparatory Committee of the Diplomatic Conference took place from October 9 to 11, 2023, also in Geneva, to examine the draft administrative provisions and final clauses of the treaty and to agree on the draft rules of procedure, the draft agenda, dates and venue for the Diplomatic Conference.[16][17]
Diplomatic Conference in 2024
editConvening and organization
editThe Diplomatic Conference is expected to be held in Riyadh (Saudi Arabia), between 11 and 22 November 2024.
Participation at the Diplomatic Conference
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Adoption and signatures
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Ratifications and entry into force
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Legal provisions
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See also
editExternal links
editReferences
edit- ^ a b "Diplomatic Conference on Design Law". www.wipo.int. Retrieved 2024-09-27.
- ^ "Executive Summary: Basic Proposal for a Design Law Treaty (DLT)" (PDF). wipo.int.
- ^ "Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT)". www.wipo.int. Retrieved 2024-09-27.
- ^ "STANDING COMMITTEE ON THE LAW OF TRADEMARKS, INDUSTRIAL DESIGNS AND GEOGRAPHICAL INDICATIONS. Fifteenth Session" (PDF). 2005.
- ^ a b "The making of the Design Law Treaty - timeline" (PDF).
- ^ "SUMMARY OF REPLIES TO THE QUESTIONNAIRES (PARTS I AND II) ON INDUSTRIAL DESIGN LAW AND PRACTICE (SCT/18/7 AND SCT/18/8 REV.)" (PDF). wipo.int. 2009.
- ^ "INFORMATION DOCUMENT ON THE WORK OF THE SCT ON INDUSTRIAL DESIGN LAW AND PRACTICE IN RELATION TO THE WIPO DEVELOPMENT AGENDA RECOMMENDATIONS" (PDF). 2011.
- ^ "Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications. Twenty-Sixth Session" (PDF). 2011.
- ^ "Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications. Twenty-Eight Session" (PDF). 2012.
- ^ "STUDY ON THE POTENTIAL IMPACT OF THE WORK OF THE STANDING COMMITTEE ON THE LAW OF TRADEMARKS, INDUSTRIAL DESIGNS AND GEOGRAPHICAL INDICATIONS (SCT) ON INDUSTRIAL DESIGN LAW AND PRACTICE" (PDF). 2012.
- ^ "ADDENDUM TO THE STUDY ON THE POTENTIAL IMPACT OF THE WORK OF THE STANDING COMMITTEE ON THE LAW OF TRADEMARKS, INDUSTRIAL DESIGNS AND GEOGRAPHICAL INDICATIONS (SCT) ON INDUSTRIAL DESIGN LAW AND PRACTICE" (PDF). 2013.
- ^ a b c Rosati, Eleonora. "[Guest post] An insight into international law-making: Third Special session of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications of WIPO". The IPKat. Retrieved 2024-09-27.
- ^ Marks & Clerk - Gregory Carty-Hornsby (2022-09-21). "Design Law Treaty". Lexology. Retrieved 2024-09-27.
- ^ "Design law steals the show". www.dennemeyer.com. Retrieved 2024-09-27.
- ^ "Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications: Third special Session". www.wipo.int. Retrieved 2024-09-27.
- ^ "Preparatory Committee of the Diplomatic Conference to Conclude and Adopt a Design Law Treaty (DLT)". 2023.
- ^ Bagley, Margo A. "Illegal Designs? Enhancing Cultural and Genetic Resource Protection through Design Law" (PDF).