Saudi Arabia to Host WIPO Diplomatic Conference to Conclude a Design Law Treaty

Geneva, November 6, 2024
PR/2024/926

WIPO member state delegates will convene from November 11 to 22, 2024, in Riyadh, Saudi Arabia, for the final leg of negotiations on a proposed treaty that will support designers the world over in seeking protection for their designs.

Some 900 delegates, observers and other stakeholders from across the globe have registered to join the “Diplomatic Conference,” which will cap almost two decades of negotiations among WIPO member states on the subject.

The future Design Law Treaty (DLT) aims to streamline the global system for protecting designs, making it easier, faster and more affordable for designers to protect their work in home markets as well as overseas.

“Design protection secures the rights of creators the world over and is a critical tool for maintaining competitive advantage, encouraging innovation and protecting businesses in a global marketplace,” said WIPO Director General Daren Tang.

Mr. Tang urged negotiators “to approach the outstanding negotiations in a spirit of constructiveness and cooperation, to build bridges and to identify the common ground that will allow us to conclude this important work.”

“We are grateful to the Kingdom of Saudi Arabia for hosting the Diplomatic Conference and making available the King Abdul Aziz International Conference Center, a fitting location for international negotiations,” Mr. Tang said.

What is the Design Law Treaty?

The DLT would make it significantly easier for designers, especially smaller scale designers and micro, small and medium-sized enterprises, to register their work. The DLT would deal with the procedures for obtaining design protection, but not with questions such as the legal definition of design or the conditions for protection, which would remain within the purview of the contracting parties.

Similar treaties already exist in other intellectual property (IP) categories, including patents and trademarks. The DLT aims to fill the gap in the area of designs. A "Basic Proposal ," will serve as the basis for negotiations.

Domestic design applications accounted for 83 percent of the total design filings in 2022, the latest year for which full figures exist, showing the potential for increased filing across borders that would be made easier through streamlined registration processes.

By making products attractive to consumers, designs drive consumer choices. In fact, a product’s success is often due to its design. Designs are important for all “creatives,” whether individuals, small and medium-sized enterprises (SMEs) or larger companies, in all economic sectors. Designs are business assets that increase a product’s market value and provide a competitive advantage.

Generally, designers need to follow the filing procedures set by the IP office of the country in which they seek protection. Design rights are territorial: The rights arising from protection obtained in one country (or region) are limited to that country (or region).

Procedures vary significantly from one country to another, making it difficult for designers to protect their designs. The DLT will address that challenge by simplifying protection procedures and eliminating red tape.

What is a Diplomatic Conference?

A WIPO diplomatic conference is typically convened by a decision of the WIPO General Assembly, which defines the objective of the conference and the general conditions for participation. Diplomatic conferences are governed by their own rules of procedure and customary international law. Accordingly, it is the conference itself that adopts the treaty and a final act.

Upon opening, the diplomatic conference will be divided into two committees: Main Committee I and Main Committee II. The first committee’s mandate is to negotiate and agree on all substantive IP provisions and recommend them for adoption by the plenary. The second committee is charged with negotiating and agreeing on all administrative provisions and final clauses, such as who can join the future treaty and the conditions for its entry into force. Three other committees are also formed: the Credentials Committee, which verifies credentials of delegations to participate in the conference and to sign the treaty; the Drafting Committee, which ensures the six language versions of the treaty are equally authentic and properly aligned; and the Steering Committee, which includes the chief officers of all the committees and ensures the process is on track.

When all committees finalize their work, the treaty is sent to the conference plenary for adoption. It is then open for signature. Signing the treaty at the end of a diplomatic conference does not commit a country to being bound by its provisions. It is, however, a strong indication of intent by the signatory. The final act – a record that the conference took place – is also open for signature after adoption.