Riyadh Industrial Designs Law Treaty: A Step Forward in Global Design Protection

The Riyadh Industrial Designs Law Treaty marks an important step forward in efforts to unify the international legal framework for the registration and protection of industrial designs, promoting innovation and commercialization of creative products globally.

Historic achievement after more than two decades of negotiations

The Riyadh Industrial Designs Law Treaty is the result of more than 20 years of negotiations among WIPO member states, with the final stage held at the King Abdul Aziz International Conference Center in Riyadh, Saudi Arabia from 11 to 22 November 2024.

Speaking at the closing ceremony, WIPO Director General Daren Tang said the adoption of the Treaty was a historic milestone, as the international community welcomed the 28th international treaty under the WIPO framework. Mr. Daren Tang congratulated the negotiating delegations for reaching consensus and appreciated the leadership role of Dr. Abdulaziz Al Swailem, CEO of the Saudi Arabian Intellectual Property Authority (SAIP), Chairman of the Conference.

The WIPO Director General affirmed that reaching an agreement after two decades of discussion is a testament to the power of multilateral cooperation, demonstrating the continuous efforts of countries to build a transparent and favorable legal environment for the global creative community. Mr. Daren Tang emphasized: "In May, we adopted the International Treaty on Intellectual Property, Genetic Resources and Traditional Knowledge Related to Genetic Resources. Six months later, we came together to adopt the Riyadh Industrial Design Law Treaty. This is proof that multilateral cooperation can make the world a better place."

According to Mr. Tang, industrial design is an important factor in enriching cultural life, enhancing the aesthetic and creative value of products. The promulgation of a unified global legal framework not only empowers designers but also facilitates the development of creative industries, promoting economic growth and international trade.

The Chairman of the Conference, Dr. Abdulaziz Al Swailem, said that the name "Riyadh Industrial Design Law Treaty" reflects the important role of Saudi Arabia as a bridge between cultures and a center for supporting global innovation. He affirmed that the adoption of the Treaty is a historic achievement, demonstrating Saudi Arabia's positive contribution to the international intellectual property system, while opening up new opportunities for cooperation between member states, laying a solid legal foundation to promote innovation worldwide.

Increase transparency and simplify design registration procedures

The Riyadh Industrial Designs Law Treaty aims to create a unified legal framework for industrial design protection procedures, making the registration process more transparent, predictable and less complicated. Currently, countries have different protection procedures and standards, making it difficult for designers to register across borders. The new treaty will help harmonize requirements, standards and procedures, allow applicants to use more flexible forms of representation of designs such as drawings, photographs or videos , and allow multiple designs to be submitted in the same application if certain conditions are met.

The Treaty also provides for a grace period of 12 months from the date of first publication of the design, allowing the applicant to delay publication of the design for at least six months from the date of filing. In addition, flexibilities are provided to help applicants avoid losing their rights if they miss the deadline, and to simplify the process of renewing industrial designs. Notably, the Treaty encourages the implementation of electronic filing systems, the exchange of priority data, and technical assistance for developing and least-developed countries, ensuring comprehensive and equitable enforcement.

In addition to standardizing administrative procedures, the Treaty also has a notable new point in linking industrial design protection with the protection of traditional knowledge and traditional cultural expressions. Member States may require applicants to provide information related to traditional knowledge or cultural expressions that influence the registered design, thereby ensuring respect and preservation of indigenous cultural values ​​in the process of commercializing innovations.

The treaty will officially enter into force after 15 countries ratify it, opening a new phase in the process of modernizing the global design protection system.

Meaning for Vietnam

The adoption of the Riyadh Industrial Designs Law Treaty by WIPO is of special significance to Vietnam, in the context that the intellectual property legal system is continuing to be improved to meet the requirements of international integration and promote national innovation. Vietnam is an active member of WIPO, having participated in many important international treaties such as the Paris Agreement, the PCT Treaty, the Madrid Agreement and the Hague Agreement Concerning the International Registration of Industrial Designs. The birth of the Riyadh Treaty is expected to support Vietnam in improving its management capacity, improving registration procedures and expanding the scope of design protection in the international market, especially for small and medium enterprises.

Currently, the National Office of Intellectual Property (Ministry of Science and Technology) is closely coordinating with WIPO in standardizing the database, improving appraisal capacity and promoting digital transformation in the management of industrial design registration applications. The Ministry of Science and Technology will continue to study and evaluate the impact of the Riyadh Treaty and propose a suitable accession roadmap, ensuring consistency with international commitments and the National Intellectual Property System Development Strategy until 2030.

Center for Science and Technology Communication

Source: https://mst.gov.vn/hiep-uoc-luat-kieu-dang-cong-nghiep-riyadh-buoc-tien-trong-bao-ho-thiet-ke-toan-cau-197251011210649487.htm