World Intellectual Property Right Organization formulated a conference to conclude and adopt a Design Law Treaty in Riyadh from November 11 to 22, 2024. The basic proposal for the treaty and its regulations are the outcome of the result undertaken by the Standing Committee on the Law of Trademarks (SCT) from 2005 to 2023. Convening of Diplomatic Conference for concluding and adopting of Design Law Treaty (DLT) was approved by the 55^th (30^th extraordinary) session of the WIPO General Assembly in July, 2022.

The aforesaid treaty must apply to national, divisional and regional applications which are filed between the Contracting Parties[1].Contracting parties includes any State or inter-governmental organization who is party to this treaty[2]. This treaty must applicable to registered Industrial designs and also to those Industrial designs for which patents can be granted[3]. Essential ingredient which may be necessary in an application include- a request for registration; details of the applicant and representative (if any);address for service or correspondence; representation of Industrial design, as prescribed in the regulations; indication of the products which incorporated industrial design or in relation to which it is used; declaration claiming priority of earlier application (if any) with indications and evidence in support of such declaration; Where applicant wishes to take advantage of Article 11 of the Paris Convention, evidence that products which incorporated industrial design or in relation to which the industrial design be used turned out to be shown at an official, or officially recognized, international exhibition; an indication of prior application or registration or information that is relevant for registration of the Industrial design and payment of a fee as may be required[4].

Procedural Aspect for registration of designs - The Controller may register the design whenever an application is presented before it by any person claiming to be the proprietor of any new or original design not previously published in any country and is not contrary to public order or morality. But before registration of design, the controller must refer the application for examination by an examiner appointed under The Design Act, 2000, as to whether such design is capable of being registered under the act and the rules made thereunder and consider the report of the examiner[5].Such application for registration must be filed before the patent office in a prescribed manner and shall be accompanied by prescribed fee[6]. Design may be registered in One class and in case of any doubt, the Controller may decide the question[7]. The Controller may refuse to register any design presented to him and aggrieved party may appeal to the High Court on such refusal[8]. If such application is incomplete or any defect is found in the application on behalf of the applicant and such defect is not removed within the prescribed time limit then such application must be deemed to be abandoned[9] and the design when registered must be registered as of the date of application for registration[10].

Protection of Industrial Designs- Members shalloffers protection for Industrial designs that are independently created and either new or original. Members may stipulate that a design is not considered new or original if they doesnot show significant differences from existing designs or combinations of knownfeatures. Protection may not apply to designs thar are primarily driven by technical or functional factors[11].A Contracting Party has the authority to require that a representative, who is appointed for any procedure before the Office, possess the legal right to act before the Office in relation to applications and registrations under the applicable law. The representative must also provide an address within a territory determined by the Contracting Party. Actions taken by or involving a representative who complies with the established requirements shall be deemed as actions taken by the applicant, holder, or any other interested party who has designated that representative.[12]A Contracting Party shall recognize the filing date of an application as the date on which the Office receives, in a language accepted by the Office, the following information and elements:

• An express or implicit indication that the submission is intended as an application.
• Details that allow the identification of the applicant.
• A sufficiently clear representation of the industrial design.
• Information allowing the applicant or their representative (if applicable) to be contacted.

If a Contracting Party’s law, at the time it joins this Treaty, mandates that an application meet any specific requirements to establish a filing date, the Contracting Party may, through a declaration, notify the Director-General of those requirements.
Such requirements may include:

• Indicating the product(s) incorporating the industrial design, or for which the design is to be used.
• A brief description of the design's reproduction or key features.
• A claim.
• Payment of the necessary fees.
• Information about the creator’s identity.[13]

A disclosure of an industrial design within 12 months before the application filing date or, in the case of claiming priority, the priority date, will not prejudice the novelty, originality, individual character, or non-obviousness of the design if the disclosure was made:

• By the creator or their assignee; or
• By someone who obtained the information, either directly or indirectly, through abuse, from the creator or their assignee.[14]

A Contracting Party may specify that an application be submitted under the name of the industrial design’s creator. This requirement will be met if the creator’s name is stated in the application, and either:

• The name is identical to that of the applicant; or
• The application contains or is accompanied by a signed statement transferring the rights from the creator to the applicant.[15]

A Contracting Party must allow the industrial design to be kept unpublished for a period set by its applicable law, as long as it complies with the minimum period outlined in the Regulations.[16] The protection period for industrial designs must last at least 15 years, as determined by either: (a) the filing date or (b) the date of grant or registration, as stipulated by the Contracting Party.[17]

When a Contracting Party allows for the renewal of the protection term, they may stipulate that a request for renewal be filed. This request could require the inclusion of some or all of the following details:

a.     A declaration that the renewal is being sought.

b.    The name and contact address of the holder.

c.     The registration number(s) for the design(s) subject to renewal.

d.    The term of protection that the renewal covers.

e.     If the holder has a representative, the name and contact details of that representative.

f.     The holder’s address for service or correspondence, if provided.

g.    If the renewal is for only certain designs within the registration, the numbers of the designs for which the renewal is being requested or not requested.

h.    If the request is made by a person other than the holder or their representative, the name and address of that person.

i.      In addition, the Contracting Party may require the payment of a fee for the renewal to be processed.[18]

A Contracting Party is required to facilitate the correction or addition of a priority claim if a request is submitted to the Office according to the regulations, within the designated time frame, and the subsequent application’s filing date falls before the expiration of the priority period, which is calculated from the filing date of the earliest application with the claimed priority.[19]In cases where the law of a Contracting Party mandates the recording of a license, that Contracting Party may require the filing of a request for recording in compliance with the procedures set out in the Regulations, along with the necessary supporting documents as outlined in the Regulations. For the recording of a license, the Office may also demand the payment of a fee.

A single request will suffice, even if the license pertains to multiple registrations, as long as the request includes the registration numbers for all affected registrations, the holder and the licensee are the same across all registrations, and the request specifies the scope of the license with regard to each registration.[20]The failure to record a license with the Office or with any other authority of a Contracting Party shall not affect the validity of the industrial design registration that is the subject of the license, nor the protection of that industrial design. A Contracting Party may choose whether or not to require the recording of a license as a condition for granting the licensee any rights under its law, such as the ability to join infringement proceedings initiated by the holder or to seek damages through such proceedings for an infringement of the industrial design covered by the licenseThe Organization shall, depending on the availability of resources and with the aim of facilitating the implementation of the Treaty, provide technical assistance, particularly to developing countries and Least Developed Countries. This assistance shall be development-oriented, demand-driven, transparent, targeted, and sufficient to strengthen the capacity of beneficiary countries to implement the Treaty. It shall take into account the priorities and specific needs of the recipient countries, enabling users to fully benefit from the Treaty’s provisions.

Technical assistance and capacity-building activities provided under this Treaty will focus on its implementation and, upon request, may include support in establishing the necessary legal framework and revising the administrative practices and procedures of design registration authorities.[21]In cases where the law of a Contracting Party requires an indication that the industrial design is being used under a license, any failure, whether partial or complete, to meet this requirement will not affect the validity of the industrial design registration or its protection.[22]When there is a change in the identity of the holder, a Contracting Party shall allow the request for recording the change to be submitted either by the current holder or by the new owner. A Contracting Party may require that the request include some or all of the details specified in the Regulations.[23]If there is no change in the identity of the holder but there is a change in their name and/or address, each Contracting Party shall permit the holder to submit a request for recording the change with the Office. The request should be made in a communication that includes the registration number of the relevant registration and details of the change to be recorded.[24]

The World Intellectual Property Organization (WIPO) is encouraged to promote the participation of Contracting Parties in existing digital libraries for registered designs and to ensure access to these libraries. Contracting Parties should make efforts to communicate published registered design information through these systems. The Organization shall assist Contracting Parties in their efforts to exchange information through these platforms.[25]The Regulations attached to this Treaty outline rules regarding:

• Matters specifically required by this Treaty to be prescribed,
• Details necessary for the implementation of the Treaty’s provisions,
• Administrative requirements, issues, or procedures.[26]

The Contracting Parties shall establish an Assembly. Each Contracting Party shall be represented in the Assembly by a single delegate, who may be supported by alternate delegates, advisors, and experts. A delegate may represent only one Contracting Party.[27]The Assembly shall:

• Address issues related to the development of this Treaty,
• Establish Model International provisions,
• Amend the Regulations,
• Set the conditions for the effective date of each amendment mentioned,
• Review, during each ordinary session, the technical assistance provided under this Treaty for its implementation,
• Carry out any other functions necessary for the implementation of the Treaty’s provisions.

The Assembly shall strive to make its decisions by consensus. If a consensus cannot be reached, the issue shall be decided by voting. In such a case:

• Each Contracting Party that is a State shall have one vote and may only vote in its own name;
• Any Contracting Party that is an intergovernmental organization may participate in the vote on behalf of its Member States, with a number of votes equal to the number of its Member States that are parties to this Treaty. No such intergovernmental organization shall vote if any of its Member States chooses to vote, and vice versa. Additionally, no such intergovernmental organization may vote if any of its Member States that are parties to this Treaty are members of another intergovernmental organization, and that other organization participates in the vote.
  (a) Subject to Articles 23(2) and (3), the decisions of the Assembly shall require a two-thirds majority of the votes cast.[28]

The International Bureau will oversee the administrative functions associated with this Treaty. This includes preparing for the meetings and offering Secretariat support for the Assembly, along with any expert committees or working groups that the Assembly may set up.[29] A diplomatic conference is the sole means by which this Treaty can be revised, and the Assembly has the authority to decide when to convene such a conference.[30]

Entities eligible to sign and join this Treaty include:

(i) Any State that is a member of the Organization, where industrial designs may be registered or patented through its own Office;

(ii) Any intergovernmental organization with an Office where industrial designs can be registered, applicable to its Member States or to specific Member States designated for such purposes in the relevant application, as long as all Member States of the organization are members of the Organization;

(iii) Any State member of the Organization where industrial designs are registered .

(iv) Any State member of the Organization where industrial designs can only be registered via an Office maintained by an intergovernmental organization to which that Statebelongs.
(v) Any State member of the Organization where industrial designs are registered solely through a shared Office among a group of Member States of the Organization.[31]

This Treaty is to be signed in one original, in the languages of English, Arabic, Chinese, French, Russian, and Spanish, with all versions holding equal authenticity.[32]