Global Design Standards and India – Embracing the Riyadh Treaty

Aligned with its vision to establish India as a global leader and hub for Intellectual Property (IP), India signs the Final Act of the Riyadh Design Law Treaty and has reinforced its status as a forerunner in Intellectual Property Rights; advocating for fair and inclusive access to IP protection. The adoption of this treaty, a long-anticipated development, represents a pivotal stride.

In the current age of the internet, where there are no borders between jurisdictions, an understanding of Intellectual Property and access to protection of the same is crucial. This treaty aims to ease restrictions and simplify the process for designers to secure their IP Rights, ensuring more accessible, efficient, and cost-effective protection across multiple countries; all while simultaneously harmonising the procedural frameworks for industrial design protection globally. The treaty’s impact is expected to be transformative, with particular emphasis on small and medium-sized enterprises (SMEs), startups, and independent designers, offering them enhanced opportunities to safeguard their creations on a global stage.

Importance of the Riyadh Design Law Treaty

The Riyadh Design Law Treaty (DLT) aims to address several key challenges and gaps in the protection of industrial designs at the international level. The current system for protecting industrial designs is fragmented and complex, with different countries having varying requirements and procedures. This creates significant barriers for designers, especially small businesses, and independent creators, who struggle to navigate the diverse and often costly processes involved in securing design protection across multiple jurisdictions.

By harmonising procedures, the Riyadh DLT simplifies processes, reduces costs, and encourages the adoption of digital systems. Also, the Treaty ensures a more accessible and efficient framework for protecting industrial designs globally. It also seeks to protect traditional knowledge and cultural heritage, which is especially valuable for a country like India.

Riyadh Design Law Treaty: A brief

The main provisions of the Riyadh DLT have been summarized below:

1. Streamlined Application Requirements and Simplified Renewals: The Riyadh Treaty significantly simplifies the application process by establishing a closed list of maximum required elements for design applications. Applicants will henceforth know exactly what is needed to file a design application, reducing confusion and potential errors. Further, the Treaty simplifies the renewal process, making it more straightforward for designers to keep their designs protected without unnecessary administrative delays.
2. Flexible Submission Format: Applicants can submit their designs in various formats, such as drawings, photographs, or videos (if allowed by the jurisdiction), making the process more flexible and accessible.
3. Digital Relevance: In line with the digital times, the Treaty furthers the introduction of e-filing systems for designs and the electronic exchange of priority documents. The same may foster the path for developing publicly accessible databases.
4. Single Application for Multiple Designs: Applicants can submit multiple designs within a single application, subject to specific conditions, reducing both time and costs.
5. Enhanced Protection for Applicants: The treaty offers a 12-month grace period after the first disclosure, allowing designers to publicly showcase their work without losing registration rights. It also provides for designs to remain unpublished for at least six months, protecting against unauthorized use.
6. Flexible Deadlines and Recovery of Rights: In the world of IP, missing deadlines can lead to irreversible loss of rights. The Treaty introduces relief measures, offering designers flexibility if deadlines are missed, which is especially helpful for small businesses and individual creators with limited resources.
7. Modification of Priority Claims: Applicants can correct or add priority claims post-filing, offering greater flexibility in managing their intellectual property portfolios.
8. Honouring Cultural Diversity: The Treaty recognizes the value in traditional knowledge and cultural heritage and provides a provision permitting contracting parties to require applicants to provide details about traditional cultural expressions and relevant knowledge associated with the design’s registration criteria.
9. Support for Small Businesses and Emerging Designers: The Treaty seeks to level the playing field by simplifying the registration process and making it more affordable. The reduction in administrative hurdles make it easier for smaller enterprises to safeguard their designs, ensuring that they can compete on a global scale without being overwhelmed by expensive and time-consuming legal procedures.
10. Support for Developing Countries: Developing and Least-Developed Countries will receive technical assistance to aid in implementing the Treaty, promoting inclusivity in global design protection.

Significance of the Riyadh Design Law Treaty for India

The Riyadh DLT comes in a time when design registrations in India have tripled, with domestic filings increasing by 120% in the last two years alone and a growth of 25% last year in design applications. India, poised to become the next major hub for intellectual property, both domestically and internationally, is well-positioned to gain from the Riyadh DLT.

The Treaty’s emphasis on protecting traditional knowledge aligns closely with India’s rich cultural heritage, offering significant benefits by safeguarding indigenous designs and cultural expressions against misuse and allowing for recognition of Indian indigenous art at the global level. In today’s fashion industry, there is an increasing appetite for fusion trends, with several luxury brands blending contemporary design with elements of cultural heritage. Under the purview of said Treaty, designers and creators who want to incorporate Indian culture/heritage into their article, may need to disclose any traditional knowledge associated with it. This provision would allow the authorities to determine if the design is grounded in traditional culture and whether the applicant has secured the necessary permissions or acknowledged the original creators. This creates a platform for the world to recognize the several indigenous art forms of India and also drive the Indian economic growth.

Further, the Treaty’s digital-first approach complements India’s efforts to modernize its IP infrastructure and aligns with the country’s broader digital initiatives, such as the Startup India program, the Make in India program and the Startups Intellectual Property Protection (SIPP) scheme, strengthening the global competitiveness of Indian innovators.

At a broader level, India’s adoption of the Riyadh DLT can also be seen as a power move, wherein India matches up to global standards and announces itself as a key player in the global IP industry.

The way forward

Paul Rand’s statement, “Design is the silent ambassador of your brand.”, is apt for present times when consumer behaviourism depends largely on how they first perceive a product. The Riyadh DLT underscores the pivotal role of design protection in a thriving intellectual property landscape. By spotlighting a domain often overlooked, it provides member countries with the tools to cultivate a healthier, more equitable ecosystem for creators and innovators. This forward-looking framework ensures that designs—both modern and traditional—are not only safeguarded but celebrated, creating a harmonious balance between innovation and cultural preservation that benefits all.

References

https://pib.gov.in/PressReleasePage.aspx?PRID=2077272

https://www.wipo.int/pressroom/en/articles/2024/article_0017.html

https://www.wipo.int/edocs/mdocs/sct/en/dlt_dc/dlt_dc_3.pdf

https://www.indianewsnetwork.com/en/20241128/india-signs-riyadh-design-law-treaty-a-milestone-in-global-industrial-design-protection