WIPO Diplomatic Conference to Conclude a Design Law Treaty Opens in Riyadh, Saudi Arabia

Geneva, November 11, 2024
PR/2024/928

Delegates from WIPO’s member states opened on November 11, 2024, the final stage of negotiations on a proposed treaty that will support designers around the world in seeking protection for their designs, with Director General Daren Tang calling on negotiators to be creative in finding areas of convergence to finalize the treaty.

The draft treaty 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.

Addressing some 900 participants gathered at the King Abdul Aziz International Conference Center in Saudi Arabia’s capital Riyadh, WIPO Director General Daren Tang highlighted the importance of the diplomatic conference, noting that “design rights are not just a matter of law – they are a means of building businesses, supporting livelihoods and forging brighter futures.”

“Over this next fortnight, we have a once-in-a-generation opportunity to support designers around the world. Together, we can help make design protection simpler and more accessible. We can streamline and harmonize processes and we can make it easier and more affordable for designers to protect and move their designs across borders,” Mr. Tang said, adding: “In so doing, we will empower designers to create even more amazing designs that will delight us, spark creativity and unleash innovation.”

The Director General said: “For 19 years, we have worked toward this moment. Now, the finish line is in sight. To cross it, we must be prepared to build bridges, find areas of convergence and be creative in achieving the needed compromises.”

He said that the WIPO community has repeatedly shown its ability to rise to the occasion: “In May, we made history, overcoming difficulties and challenges to reach consensus on the landmark WIPO Treaty on IP, Genetic Resources and Associated Traditional Knowledge.”

He called on negotiators to build on that success. “Over the next 10 days, let us draw on this same spirit to achieve success during this diplomatic conference. Together, let us support the lives and livelihood of designers everywhere. Let us build a more vibrant IP ecosystem and let us show that multilateralism can deliver a better future for all of us.”

Dr. Abdulaziz AlSwailem, CEO of the Saudi Authority for Intellectual Property (SAIP), who was elected as President of the diplomatic conference, welcomed delegates to Saudi Arabia, recalled the Kingdom’s commitment to multilateral cooperation and called on negotiators to step up their efforts to finalize the treaty.

He said the treaty represents a pivotal step in regulating the process for filing applications to register designs by streamlining registration procedures and standardizing requirements for the benefit of designers.

“We cannot stress enough the need to work together in order to make reality a new treaty that will support designs and maximize their impact, and thereby provide future generations with an innovation-friendly environment,” Dr. AlSwailem said.

What is the Draft Design Law Treaty?

The current draft text with the working title Design Law Treaty (DLT) would make it significantly easier for designers, especially smaller scale designers and micro, small and medium-sized enterprises (SMEs), to register their work. The DLT would deal with the procedures for obtaining design protection, 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 82 percent of the total design filings in 2023, the latest year for which there are data, 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, 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.

The diplomatic conference works in plenary and several committees.  Main Committee I is to negotiate and agree on all substantive IP provisions and recommend them for adoption by the plenary. Main Committee II 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.

The Diplomatic Conference in Riyadh is meeting from November 11-22, 2024.