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Design Law Treaty (DLT)

After almost two decades of extensive negotiations, the member states of the World Intellectual Property Organization (WIPO) have successfully concluded and adopted the historic Design Law Treaty (DLT), a landmark achievement aimed at global harmonization in industrial design protection. India’s signing of the Final Act of the Riyadh Design Law Treaty marks a significant step forward in the country’s commitment to advancing inclusive growth and ensuring broader access to intellectual property (IP) protection for all stakeholders, particularly within the design sector.

The core objective of the treaty is to standardize the procedural frameworks governing industrial design protection across various jurisdictions, thereby simplifying the registration processes and enhancing their accessibility. By harmonizing key procedural elements, the DLT reduces the administrative burdens that often accompany the design registration process. This, in turn, creates a more conducive environment for global design innovation. The treaty’s provisions are particularly focused on ensuring that the benefits of streamlined design protection mechanisms are made available to a diverse range of stakeholders, with special emphasis on small and medium-sized enterprises (SMEs), startups, and independent designers, all of whom are often at the forefront of innovation.

One of the most notable features of the DLT is its introduction of several provisions that are designed to facilitate the process for design applicants. Among these provisions are extended time limits for filing and responding to requests, the reinstatement of rights that may have been lost due to procedural lapses, and the option to amend or supplement priority claims. These provisions not only allow for greater flexibility but also create a more accessible and equitable system for design applicants. Furthermore, the treaty introduces streamlined procedures for the recording of assignments and licenses, along with the provision to file multiple designs in a single application, which significantly reduces the administrative burden on applicants.

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The treaty also encourages its contracting parties to develop electronic systems for industrial design management and facilitate the electronic exchange of priority documents. These innovations aim to modernize the process and make it more efficient, enabling a smoother experience for applicants. India’s support for these initiatives aligns with its broader vision to foster an innovation-driven economy, particularly through programs such as Startup India and the Startups Intellectual Property Protection (SIPP) scheme. These programs aim to empower startups and SMEs to protect their designs globally, thereby improving their competitiveness and supporting their growth in both domestic and international markets.

India, with its rich cultural heritage of creativity, design, and craftsmanship, has long recognized the significant role that design plays in driving economic development and innovation. The country’s approach to design protection has proven to be a catalyst for fostering creativity and promoting sustainable growth. In recent years, India has seen a marked increase in design registrations, demonstrating the success of its policies and initiatives in encouraging innovation. Over the past decade, the number of design registrations in India has tripled, with domestic filings having increased by an impressive 120% in the last two years alone. Notably, design applications in the country saw a growth of 25% in the previous year, highlighting the growing recognition of the importance of design as a key component of the country’s intellectual property landscape.

 

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