In November 2024, the World Intellectual Property Organization (WIPO) held a diplomatic conference in Riyadh, Saudi Arabia, to conclude negotiations on a Design Law Treaty. The conference took place from November 11–22. At the conclusion of the conference on November 22, WIPO member states adopted the Riyadh Design Law Treaty (RDLT).
Overview of the treaty
The provisions of the RDLT relate to formalities associated with applications for the protection of industrial designs.
- Article 4 of the RDLT establishes a closed list of the elements and indications that a Contracting Party may require in an industrial design application. The closed list outlines the maximum permissible contents. Contracting Parties are prohibited from asking for additional requirements not included in this closed list.
- Article 6 specifies the requirements for establishing the filing date of an industrial design application.
- Article 7 mandates Contracting Parties provide a 12-month grace period, This allows applicants to file industrial design applications up to a year after an initial disclosure of their industrial design, without jeopardizing the applicant’s ability to register their industrial design.
- Articles 14, 15, and 16 establish mechanisms to help applicants and holders maintain their rights despite procedural errors or missed deadlines.
- Article 31 allows reservations on certain articles.
The RDLT covers several other topics in its 34 articles and 18 regulations. These topics include definitions, general principles, industrial design publication, electronic industrial design systems, and requirements for representation before an Office of a Contracting Party.
The RDLT is open for signature for one year after its adoption, or up to November 21, 2025. The act of signing does not make a Member State a party to the RDLT, or bound by it. Rather, signing is an optional step that qualifies the signatory Member State to proceed to ratification, acceptance, or approval. Signing also creates an obligation for the Member State to refrain from acts that would defeat the object and purpose of the RDLT.
To become a party to the treaty, a Member State must undertake a separate step of ratification or accession. According to WIPO, as of January 22, 2025, no WIPO Member States have ratified or acceded to the RDLT.
The RDLT will take effect three months after at least 15 eligible parties have ratified or acceded to it. After that, RDLT provisions will apply in any WIPO Member State that is, or later becomes, a Contracting Party to the RDLT.
Additional information on the RDLT is available on WIPO's website.
Past public comments
On March 27, 2024, the USPTO published a Federal Register Notice asking for comments from the public regarding the proposed Design Law Treaty. The notice included the latest text of the draft instrument heading into the November 2024 diplomatic conference. The deadline for comments was June 25, 2024. The comments received helped inform positions the United States took at the diplomatic conference.
Additional information on the treaty
- WIPO website for the RDLT
- Full text of the RDLT
- WIPO website for the Diplomatic Conference to Conclude and Adopt a Design Law Treaty
Other patent and trademark treaties
Similar treaties also exist in the areas of patents (Patent Law Treaty of 2000) and trademarks (Trademark Law Treaty of 1994 and Singapore Treaty on the Law of Trademarks of 2006).