Analysing the Riyadh Design Law Treaty in the Indian Context
The Riyadh Design Law Treaty (DLT), finalized at the WIPO Diplomatic Conference in Riyadh in November 2022, marks a significant step towards harmonizing global industrial design registration processes. As a signatory, India has reaffirmed its commitment to intellectual property rights (IPR), strengthening its global leadership role. The treaty’s objective is to simplify and streamline the registration of industrial designs across countries, benefiting businesses of all sizes, especially micro, small, and medium-sized enterprises (MSMEs). This development presents India with an opportunity to enhance its existing legal framework under the Designs Act, 2000.
Key Features of the Riyadh Design Law Treaty
The DLT introduces several features aimed at making industrial design registration more efficient, accessible, and cost-effective:
- Unified Registration Framework: The treaty reduces administrative burdens by enabling a single application for registering multiple designs. This consolidation saves both time and costs.
- Reinstatement of Rights: Provisions allow for the reinstatement of rights in cases of lapses, ensuring that designers retain protection even after missing deadlines.
- Digital and Electronic Systems: By promoting electronic registration and document exchange, the treaty enhances efficiency and reduces costs for applicants.
- Flexible Submission Formats: Applicants can submit designs in various formats, such as drawings, photographs, or videos, catering to diverse industries.
- Grace Periods and Deferred Publication: The treaty includes a 12-month grace period after a design’s first disclosure and allows applicants to defer publication for up to six months, providing designers with strategic flexibility.
Benefits for Designers
The DLT is particularly advantageous for smaller designers and MSMEs. The standardization of procedures eliminates discrepancies between jurisdictions, simplifying international filings. This is especially crucial for industries where design is a competitive differentiator, such as fashion, furniture, and technology. Designers gain the ability to:
- File multiple designs under one application.
- Benefit from reduced filing requirements and costs.
- Utilize e-filing systems for quicker registrations.
India has witnessed a 120% surge in domestic design filings over the past two years, with domestic applications comprising 82% of total filings in 2023. This upward trend underscores the potential of international filings, which the DLT aims to facilitate.
Cultural and Traditional Knowledge Provisions
A notable feature of the DLT is its emphasis on protecting traditional knowledge (TK) and cultural expressions. Applicants must disclose any traditional cultural elements or TK incorporated into their designs. This provision ensures that design registrations respect cultural heritage and prevent the exploitation of indigenous crafts.
Impact on India’s Cultural Heritage
India’s rich repository of traditional crafts and indigenous knowledge systems stands to benefit significantly from this provision. For instance, the requirement for disclosure promotes:
- Transparency: Brands must acknowledge the cultural origins of their designs.
- Ethical Practices: Ensures appropriate permissions are obtained from original creators or communities.
- Empowerment: Initiatives like the Traditional Knowledge Digital Library (TKDL) complement this framework by documenting and protecting traditional crafts.
These measures align with India’s efforts to safeguard its cultural identity while promoting innovation.
Flexibility in Design Protection
The treaty provides member states with flexibility in key areas, such as the protection of partial designs and grace periods for registration. The 12-month window post-public disclosure ensures that designs remain eligible for registration, while the allowance for deferred publication offers strategic options for designers. The term of protection is left to the discretion of individual states rather than enforcing a uniform 15-year term. However, India’s Designs Act, 2000, may require amendments to incorporate these provisions, particularly regarding graphical user interfaces (GUIs).
Addressing Bureaucratic Barriers
Traditionally, design rights are territorial, requiring designers to follow the filing procedures of each country where protection is sought. This creates significant challenges, particularly for smaller entities with limited resources. The DLT’s unified system removes these bureaucratic hurdles, enabling designers to:
– Protect their creations across multiple jurisdictions with a single application.
– Avoid inconsistencies in filing requirements.
– Focus on innovation instead of navigating complex legal processes.
Technical Assistance and Support for Developing Countries
The DLT provides technical assistance to developing and least developed countries to implement its measures. This support includes capacity building for electronic filing systems and training on the disclosure requirements for TK. For India, such assistance can enhance the efficiency of its IP framework and support local artisans and designers in leveraging global markets.
Challenges and Opportunities for India
While the DLT offers numerous benefits, its implementation poses challenges for India. Aligning the Designs Act, 2000, with the treaty’s provisions will require:
- Legislative Amendments: Incorporating new provisions such as deferred publication, grace periods, and partial designs.
- Capacity Building: Training IP office personnel and stakeholders on treaty compliance.
- Promotion of E-Filing: Scaling up digital infrastructure for seamless electronic registrations.
At the same time, the treaty presents opportunities for Indian designers to expand their global reach. Simplified registration procedures can attract international investments and enhance the competitiveness of Indian products in global markets.
Complementary Measures: The Role of TKDL
India’s Traditional Knowledge Digital Library (TKDL) complements the DLT by systematically documenting traditional crafts and knowledge systems. This initiative prevents the misappropriation of indigenous designs, empowers communities with greater control over their intellectual property, and facilitates the inclusion of TK in design registrations. The synergy between TKDL and DLT ensures that innovation and heritage coexist harmoniously.
A Balanced Approach to Innovation and Heritage
The DLT strikes a balance between fostering innovation and preserving cultural heritage. By mandating the disclosure of cultural origins, it ensures that traditional crafts are celebrated and sustained. For example, a designer drawing inspiration from Madhubani art must acknowledge its origins and seek permissions, ensuring fair recognition for traditional heritage.
Conclusion
The Riyadh Design Law Treaty represents a transformative development in global IP law, offering designers an efficient and cost-effective pathway to protect their creations internationally. For India, the treaty’s provisions align with its growing emphasis on IPR, traditional knowledge, and innovation. By addressing existing gaps in its legal framework and leveraging initiatives like the TKDL, India can maximize the benefits of this treaty, empowering designers and preserving its rich cultural heritage. As design becomes an increasingly critical aspect of global trade, the DLT positions India to play a pivotal role in shaping the future of industrial design protection.
Written by Tanya Chandrakar, legal intern at Intepat IP
