Context:
Member states of the World Intellectual Property Organization (WIPO), including India, recently adopted the Design Law Treaty (DLT) during the Diplomatic Conference held in Riyadh, Saudi Arabia.
Relevance:
GS III: Indian Economy
Dimensions of the Article:
- Design Law Treaty
- Key Provisions of the Design Law Treaty
- What is an Industrial Design?
Design Law Treaty
The Design Law Treaty (DLT) is an international legal framework proposed to standardize and simplify the procedures for registering industrial designs globally. Here’s a detailed breakdown of its purpose and provisions:
Purpose of the Design Law Treaty
- Objective: To establish a harmonized, user-friendly system that facilitates the protection of industrial designs worldwide, removing bureaucratic obstacles and creating a more predictable environment for designers to safeguard their intellectual properties.
Key Provisions of the Design Law Treaty
Streamlining Design Application Procedures:
- Uniform Application Guidelines: Sets standard, clear criteria for design applications across participating jurisdictions, reducing complexity.
- Flexible Representation Options: Allows designers to represent their designs in various formats such as drawings, photographs, or even videos, offering versatility in how designs are presented to patent offices.
- Multiple Designs Per Application: Enables the submission of multiple designs under a single application, maintaining the initial filing date even if some designs are subsequently excluded.
Enhancing the Filing Process:
- Simplified Filing Date Requirements: Designers can secure a filing date with the submission of minimal initial documentation, with the opportunity to complete the application later.
- Grace Period for Disclosure: Offers a grace period of six to twelve months to protect the novelty of designs that have been publicly disclosed prior to filing, safeguarding against potential pre-filing public exposure.
Post-Registration Procedures and Protections:
- Control Over Publication Timing: Designers can delay the publication of their design up to six months after filing, helping to maintain secrecy and a competitive edge.
- Relief for Missed Deadlines: Provides remedies for applicants who fail to meet certain deadlines, ensuring they do not lose their rights due to procedural delays.
- Clarity in Post-Grant Activities: Specifies procedures for actions post-registration, such as transfers and licensing, to facilitate smoother legal and commercial transactions.
Structural Framework of the Treaty:
- Two-Tier System: The DLT is structured into articles (core provisions) and rules (detailed operational guidelines), providing a clear legal framework.
- Adaptive Governance: An Assembly of Contracting Parties will have the authority to amend rules, allowing the treaty to evolve in response to new legal and technological developments in design law.
What is an Industrial Design?
- Definition: It is a creation concerning the ornamental or aesthetic aspect of an article, making it visually distinctive.
- Characteristics: These can include the product’s shape, patterns, colors, texture, or material composition.
- Form: Designs can be three-dimensional (e.g., the shape of a car or furniture) or two-dimensional (e.g., graphical interfaces or textile patterns).
Application and Importance
- Widespread Use: Industrial designs are applied to a diverse array of products including consumer electronics, apparel, furniture, and more, enhancing product appeal and functionality.
- Business Value: They are crucial business assets that can boost market visibility and consumer preference, thereby providing a competitive market edge.
- Consumer Attraction: Effective designs influence consumer choices and can dramatically increase a product’s attractiveness and sales.
Protection of Industrial Designs
- Legal Procedures: Protection is obtained through registration at national intellectual property offices, which grants the designer exclusive rights to use the design.
- Territorial Rights: Design rights are territorial, meaning that rights are only applicable in the country or region where protection has been obtained.
- Design Act in India: In India, industrial designs are protected under the Designs Act, 2000, which has seen significant growth in registrations, particularly from domestic filings.
Recent Trends in India
- Growth in Registrations: From 2014 to 2024, the number of design registrations in India has tripled, highlighting an increased focus on safeguarding creative assets.
- Increase in Applications: There has been a substantial increase in design applications, with a 25% rise in 2023, reflecting a growing recognition of the value of design in business and innovation.
-Source: The Hindu
