Riyadh Design Law Treaty

Sub : Sci

Sec :IPR

Why in News

The Design Law Treaty (DLT) is a significant development in global intellectual property (IP) law. It aims to harmonize and streamline administrative procedures for industrial designs, providing a uniform framework for protection across member states. With India’s growing emphasis on innovation and design, the DLT holds substantial relevance.

About the Design Law Treaty (DLT):

Establishes a predictable, accessible, and simplified system to protect industrial designs worldwide.
Eliminates bureaucratic hurdles and facilitates the filing and management of industrial design rights.
Streamlining Design Application Procedures:
- Standardizes guidelines for submitting design applications.
- Accepts drawings, photos, videos, and other formats for submission.
- Allows inclusion of multiple designs under a single application, maintaining the original filing date for accepted designs.
Filing Process Improvements:
- Essential details can be filed initially, with the rest of the application completed later.
- Offers a 6 to 12-month grace period after public disclosure of a design to file for protection.
Post-Registration Procedures:
- Applicants can delay publication of designs for six months post-filing.
- Provides measures to protect rights in case of missed deadlines.
- Streamlines processes like transfers, licensing, and enforcement of registered designs.

What is Industrial Design?

An industrial design is a unique, aesthetic creation that enhances the appearance of a product.
May include features like shape, configuration, lines, texture, colour, or material.
Includes two-dimensional (patterns) and three-dimensional (shapes) designs.
Applications: Commonly used in packaging, furniture, jewellery, clothing, electronic devices, medical equipment, and handicrafts.
Importance: Industrial designs increase product market value, attract consumers, and provide a competitive edge.
Protection Scope: Design rights are territorial, meaning protection is limited to the country or region where it is registered. Designers must follow the procedures set by the local IP office.

Industrial Design in India:

Design registrations have tripled between 2014–2024. Domestic filings increased by 120% in two years; design applications rose by 25% in 2023.
Governed by the Designs Act, 2000.
Administered by the Design Registry.

Eligibility for Protection:

Aesthetic Nature: Protection applies to appearance, not function.
Novelty and Originality: Design must be new and distinctive.
Non-Disclosure: The design must not have been publicly disclosed before registration.
Non-Functionality: Functional designs are excluded from protection.
Not Offensive: Designs must align with public morals and security.

Duration of Protection:

Initially granted for 10 years under the TRIPS Agreement, extendable for an additional 5 years upon renewal.

Excluded Designs:

Certain items like stamps, calendars, flags, books, and circuit layouts are not eligible for protection.

Infringement and Enforcement:

Registered owners can take legal action to prevent unauthorized use, reproduction, or import of their designs.

World Intellectual Property Organization (WIPO):

Functions:

Membership: Comprises 193 member states; India joined in 1975.