The Diplomatic Conference to Conclude a Design Law Treaty started yesterday (11 November) in Riyadh, Saudi Arabia.

It is expected to conclude by 22 November.

WIPO Member States chose the venue for the Diplomatic Conference at a Special Session of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications in October 2023.

WIPO says that about 900 delegates, observers and other stakeholders have registered to join the Diplomatic Conference.

The planned Design Law 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”, according to WIPO.

The proposed Treaty would cover design protection procedures but not questions relating to substantive law.

The negotiations will be based on a Basic Proposal for the Design Law Treaty, which was submitted in May this year and sums up the state of the discussions which have continued over many years.

The Diplomatic Conference will be divided into two committees. The first will negotiate and agree on all substantive IP provisions and recommend them for adoption by the plenary. The second will negotiate and agree on all administrative provisions and final clauses, such as who can join the future treaty and the conditions for its entry into force.

In addition, there will be a Credentials Committee, Drafting Committee and Steering Committee.

Once all the committees have finished their work, the treaty will be sent to the conference plenary for adoption. It is then open for signature.

WIPO Director General Daren Tang said: “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.”

You can read more about the treaty on WIPO’s website here and watch a live stream of the Diplomatic Conference here.

The MARQUES Designs Team has submitted comments on some of the outstanding issues with the draft proposals that are of particular interest to users. These include: disclosure requirement for traditional knowledge, traditional cultural expressions and genetic resources; grace period for filing in case of disclosure; deferment of publication; restoration of a priority right; and requirement to record a licence before a licensee can join infringement proceedings or claim damages.

The Designs Team will monitor the discussions at the Diplomatic Conference and post a further report when it is finished.

The photo is taken from WIPO's X feed