Last night, after the final stage of negotiations in Riyadh, WIPO member states approved the Design Law Treaty (DLT), marking a significant advancement in global design protection. The Treaty is designed to simplify, expedite, and reduce the cost of the process for designers to protect their designs both at home and abroad.

What the Treaty will do:

• set a maximum list of indications or elements that designers must submit when applying for protection. This closed list helps create a predictable framework, ensuring designers know exactly what information is required to file an application.
• applicants can choose how to represent their designs - whether through drawings, photographs, or, if accepted by the relevant IP office, video.
• designers may include several designs in a single application, provided certain conditions are met.
• set out requirements for the granting of a filing date. Keeping the list of filing-date requirements for applications to a minimum is crucial because, in the field of design, postponing the filing date can lead to the loss of rights.
• provide for a grace period of 12 months following a first disclosure of the design, during which such self-disclosure will not affect its validity for registration.
• allow applicants to keep their designs unpublished for at least six months after having secured a filing date.
• introduce relief measures and offer some flexibility to applicants in cases where deadlines are missed. Without such measures, in the case of designs, missing a time limit usually results in the permanent loss of rights.
• the procedure for renewing design registrations has been simplified.
• furthers the introduction of e-filing systems for designs and the electronic exchange of priority documents.

The Treaty also expressly interfaces design protection with the protection of traditional knowledge and traditional cultural expressions: contracting parties may require applicants to file information on traditional cultural expressions and traditional knowledge relevant to the eligibility for registration of the design.

Prior to the final stage of negotiations, ECTA submitted its comments on the DLT proposal to the WIPO Diplomatic Conference, which can be accessed here.

Katri Kiviniemi, ECTA Design Committee Chair, commented as follows: “I have been following the Diplomatic Conference in Riyadh on behalf of ECTA Design Committee and have to say that I am impressed by this outcome, considering also the difficult times in world economies and in international politics in general. The aim of this Treaty is to unify the requirements for design application procedures and it was, at least for the most part, reached. Especially important for the designers is the 12 months grace period as a remedy if the design has been published prior to filing”.

The Treaty will come into force once it is signed by 15 contracting parties.

To find out more, please ready the official press release here.

On 12 December 2024 from 1:30 pm (UK Time), in the Moot Court Room of City Law School (London-hybrid), ECTA member Dr Andrea Zappalaglio (Lecturer in IP Law, University of Sheffield, and incoming Associate Professor in IP Law, University of Leeds) and Dr Enrico Bonadio (Reader in Law, City University of London) will present their forthcoming volume The Future of Geographical Indications: European and Global Perspectives (Edward Elgar, February 2025)

The book provides original and contemporary perspectives on the evolution and current state of GIs at European and global levels, focusing in particular on the challenges that this area of IP Law is likely to face in the foreseeable future.

After the book launch there will be a roundtable discussion with experts from legal practice, industry, producers’ associations, as well as UK and EU institutions, who will provide their insight on the questions: ‘what advancements have been made by the Law of GIs in the EU and globally? What challenges must be tackled today and, likely, in the future?’.

To consult the detailed programme of the event and register, please click here.

By Rogier Goos, ECTA Design Committee Vice-Chair, Winger, Belgium

With today’s publication, the Recast Directive on the legal protection of designs and the Amended Regulation on EU designs will enter into force on 8 December 2024. Member States have 3 years, until December 2027, to transpose the Directive into their national law. Most of the amendments to the Regulation will take effect on 1 May 2025, while provisions requiring further development through secondary legislation will take effect in July 2026.

The texts can be found here.

In recent years, ECTA has been highly engaged in the ongoing EU Design Reform. ECTA has regularly participated in discussions with officials during its Bilateral Meetings with the European Commission and the EUIPO, and has jointly advocated throughout the legislative process with other associations, notably INTA and MARQUES.

ECTA will continue this work, particularly with regard to the EUIPO Guidelines on Designs and the upcoming proposals for secondary legislation (Implementing and Delegated Regulations), which will follow today’s publication of the Amended Regulation text. As the texts of the latter are not yet available, ECTA will monitor developments closely and engage with stakeholders as new proposals are released.

REGISTER NOW for the ASIPI-ECTA Webinar on IP Valuation (19 November, 17:00-19:00 CET)!

This joint webinar will explore the critical topic of IP valuation. Experts from both organizations will discuss its purpose, key methodologies, challenges, and best practices, along with industry perspectives and legal considerations.

Moderator:
Luis Kudo (KNR, Mexico)

Speakers:
Stijn De Nijs (EY Strategy and Transactions, Belgium)
Bart De Moor (Strelia, Belgium)
Adriana Barrera (BARLAW - Barrera & Asociados, Perú)

The webinar is free of charge and will be conducted in English (with simultaneous translation in Spanish and Portuguese).