Riyadh Design Law Treaty 

Context: India has signed the Riyadh Design Law Treaty to foster inclusive growth and strengthen India’s intellectual property (IP) ecosystem. 

Relevance of the Topic: Prelims: Riyadh Design Law Treaty, World Intellectual Property Organisation

About Riyadh Design Law Treaty:

• The Riyadh Design Law Treaty (DLT) was adopted under the World Intellectual Property Organisation (WIPO). 
• Aim: To harmonise procedures and simplify registration processes of industrial designs in different countries.
• Key Features: 
  • The DLT introduces a standardised framework for design registration, reducing complexity and administrative burdens for applicants. 
  • Applicants can file multiple designs in a single application, saving time and costs.
  • It provides a mechanism to restore rights in case of lapses, ensuring that applicants can recover lost opportunities. Provisions have been added to make it easier to correct or add priority claims.
  • It encourages countries to adopt electronic systems for design registration and facilitate the digital exchange of priority documents, reducing cost and time for startups.

About World Intellectual Property Organisation: 

• The World Intellectual Property Organisation (WIPO) is the United Nations Agency.
• WIPO was created to:
  • develop an international intellectual property (IP) system that encourages innovation and creativity.
  • promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organisations and resolve disputes. 
• Established in 1967.
• Membership: 193 member states. 
• Headquarters: Geneva, Switzerland.

What are Intellectual Property Rights?

• Intellectual property rights (IPRs) are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. 
• There are various types of IPRs, for E.g., Patent, Trademark, Copyright, Industrial design etc. 

• India is a signatory to Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which sets global standards for intellectual property protection. 
• India has formulated the National IPR Policy 2016 to strengthen the Indian IPR ecosystem including- speeding up registration proceedings and reinforcing enforcement mechanisms and processes for all IP rights. 

Indian Designs Act, 2000: 

• Industrial design is a specific IPR which protects the aesthetic or outward appearance of a product such as its unique shape, pattern and colour combinations. Some examples of industrial design include:
  • Unique shape of an iPhone
  • Shape of a Coca-Cola bottle
  • Outward appearance of a Volkswagen Beetle. 
• India provides legal protection for industrial designs under the Designs Act, 2000 and the associated Designs Rules, 2001.
  • The registered design is protected for the period of 10 years from the date of registration of the design, which can be further renewed to 5 more years. 

What can India gain from Riyadh DLT?

• Streamlined procedures: 
  • Simplified applications procedures for filings licenses and recording changes in design licences.
  • Single application and submitting a limited number of documents as per international best practices to the IPR office.

This will make it easier, faster, and more affordable for designers to protect their work internationally.

• Flexibility in Compliance: The DLT allows applicants to request a deferment of the publication of their designs by the IP Office and provides a grace period that enables applicants to seek design protection even after their designs have been publicly disclosed.
  • Deferment allows the designers to delay the public disclosure of their design for a specific period (keep the design confidential until they are ready to launch the product in the market). 
  • The Indian Design treaty presently does not offer a deferment of publication, and the grace period available under our law is also limited in scope. 

Linking India’s existing Intellectual property rights (IPR) initiatives with the Design Law Treaty will amplify India’s IP capacity and boost its competitiveness. 

Recommendations of EAC-PM Working Paper:

India should sign- 

• Geneva Act of the Hague Agreement on Industrial Designs 1999:
  • The Hague Agreement allows for a single international application for design protection in multiple countries. 
  • In absence of this agreement, Indian designers have to file separate applications in each country, which is time-consuming and costly. 
• Strasbourg Agreement Concerning the International Patent Classification 1971
• Geneva Act of the Lisbon Agreement on Geographical Indications 2015. 

Conclusion: An industrial design framework at par with global standards is a prerequisite for India which seeks to become a manufacturing hub for the world. Signing the DLT and the other major IPR treaties to align with the international best practices will send the right signals to domestic and foreign entrepreneurs about India’s commitment as a protector of IPR and showcasing itself as an IPR-savvy destination.