India Signs Final Act Of Riyadh Design Law Treaty: A Milestone For Industrial Design Protection

Update: 2025-01-23 05:36 GMT
India Signs Final Act Of Riyadh Design Law Treaty: A Milestone For Industrial Design Protection
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India has officially ratified the Riyadh Design Law Treaty's Final Act. The Riyadh Design Law Treaty aims to complement and simplify the processes involved in registering industrial designs. In other words, this treaty should make the procedure for design protection more efficient and accessible in India for designers in relation to protecting their work domestically as well as globally. Joining the treaty would be an important step toward demonstrating India's commitment to fostering inclusive growth and equitable access to intellectual property protection. It will enhance the IP ecosystem and foster innovation, bringing Indian up to international standards.

KEY PROVISIONS:

1. Alignment of procedures: The treaty seeks to harmonize the procedural framework for protection of industrial designs among the participating countries. The DLT has established the legal framework and amended the administrative practices and procedure of design registering authorities by,

  1. providing relief in respect of time limits and
  2. constituting review body in case of unintentionally missing deadlines related to design registration.

This treaty introduces strategies on the simplification of the registration process and further enhances efficiency to the applicants.

2. Consolidated Design Submissions (Article 9):

When filing an application having more than one industrial design, the Office, at its discretion may require the applicant to:

(i) amend the application, or

(ii) divide it into separate applications.

If on the other hand, the application is divided then such divisional application shall retain its original filing date and priority claim. The applicant also shall be conferred with the powers to divide the initial application, which would again be done after payment of the fees.

3. Reinstatement of lost rights and extension of missed deadlines. (Article 14 )

A Contracting Party (where "Contracting Party" means any State or intergovernmental organization party to this Treaty), shall provide extensions for deadlines set by the Office if a request is submitted according to regulations, either before or shortly after the deadline. If the deadline is not met and no extension of time is accepted, further processing and reinstatement of rights shall be permitted, subject to receipt of a compliant request within the applicable period. There is an exception to these provisions which is provided for in the regulations. Contracting Party is permitted to recover a fee for such a request but cannot demand additional requirements other than those provided for herein, except as stated in the Treaty or in the regulations. In addition, applications cannot be refused without providing the applicant or holder with an opportunity to comment on the proposal for refusal within a reasonable period.

(Article 15): If a Contracting Party does not provide relief under Article 14(1)(ii) or 14(2), the Office will reinstate an applicant's or holder's rights after a missed deadline, if a request is made following the Regulations, all requirements are met within the prescribed time limit, reasons for the missed deadline are stated, and due care was taken, or the delay was unintentional.

Exceptions listed in the Regulations are exempt from reinstatement, and a fee may be required for requests. In addition, any evidence supporting the reasons must be furnished within a period established by the Office, and the party requesting access must be given the opportunity to respond to any denial of their request.

4. Extended periods for publication: Applicants will benefit from extended deadlines for several procedural activities.

A Contracting Party may keep the industrial design unpublished for a period determined by its law (for 6 months from the filing date), following a minimum period established in the Regulations. The applicant may need to file an application with the Office to maintain the design unpublished. A fee may be due for this application. In the event that a request to keep the design unpublished has been submitted, an applicant or holder can request publication at any time within the given period (Article 10).

5. Grace Period for Filing in Case of Disclosure: Disclosure of the industrial design within 12 months from the date of making the application or priority date will not affect any novelty, originality, individual character, or lack of obviousness if the disclosure was made, either by a creator or any successor in title, or any person deriving that information directly or indirectly from the creator or any successor in title with abuse (Article 7).

6. Restoration of Rights: A Contracting Party shall allow the correction or addition of a priority claim for a subsequent application if a request meets the prescribed requirements, is filed within the specified time limit, and the filing date is not later than the end of the priority period from the earliest application. Additionally, if a subsequent application claiming priority is filed after the priority period but within the prescribed time limit, the Office shall restore the right of priority if a request meets the requirements, is filed promptly, includes reasons for the delay, and it is determined that the failure was despite due care or unintentional, subject to payment of fees and provision of supporting evidence, with the requesting party allowed to comment on any intended refusal within a reasonable timeframe. (Article 16).

7Protection of partial design: A Contracting Party shall, if the applicable law allows, permit the application to be directed to a design embodied in a part of an article or product Rule 2(3).

8. Correction of a Mistake: A request to correct a mistake in an application, registration, or related communication to the Office, which is correctable under applicable law and not associated with substantive examination, must be made through a signed communication from the applicant or holder. A Contracting Party may require that such requests be accompanied by a replacement part or correction for each relevant application or registration, as well as a declaration of good faith regarding the mistake and a statement that the request was made without undue delay or intentional delay after discovering the mistake. While a fee may be required for such requests, the Office will correct its own errors without charge.

Additionally, Article 21(4) applies to correction requests as long as the same mistake and correction pertain to all involved applications and registrations. Evidence may be requested to support the correction if there are reasonable doubts about the existence of the mistake or the truthfulness of any related documents. Furthermore, no additional formal requirements beyond those outlined in the relevant paragraphs can be mandated, except as provided by the Treaty or Regulations. A Contracting Party may choose to exclude this Article's application for mistakes that must be corrected through a separate reissue procedure. (Article 23)

9. Traditional Knowledge: In the Indian context, one of the most significant aspects of the DLT is its inclination to protect traditional knowledge (TK). This is achieved through a provision under which contracting parties may require applicants to file information on traditional cultural expressions and traditional knowledge relevant to the eligibility for registration of the design. (Article 4).

SIGNIFICANCE OF DLT

  1. The DLT offers legal protection to designers for their inventions and work across the globe, thereby making them more competitive and grow.
  2. The treaty standardizes the process of registration by designers for registration purposes across different jurisdictions. This harmonization eliminates the complexities and reduces the cost associated in getting design rights in other countries, thus, enhancing international trade and cooperation between designers and manufacturers.
  3. Integrates design protection with traditional knowledge and culture, expressions, thus enhancing their protection. By protecting traditional designs and motifs, it helps preserve cultural expressions and promotes their appreciation on a global scale. This aspect is particularly relevant for countries with rich culture histories, as it allows them to leverage their unique designs in the international arena.
  4. Economic growth: Design rights protection ensures that there exists a friendly environment for economic growth. The treaty, therefore, encourages investment in design-related industries as it assures that designers benefit financially from their inventions. This helps member states gain competitiveness on the global scene.
  5. Dispute resolution: The treaty outlines a structure to resolve dispute regarding design rights. This will bring legal certainty to designers and business houses. Such a framework is important for creating an environment of trust and cooperation between the stakeholders, as it clarifies the rights and obligations of the parties concerned with design-related transactions.

IMPACT ON DESIGN REGISTRATION IN INDIA[1]

The signing of the Riyadh Law Treaty represents a crucial advancement for India in strengthening its intellectual property framework, fostering innovation, and assisting designers in safeguarding their creations more effectively. The treaty is anticipated to encourage international collaboration and offer Indian designers increased opportunities to exhibit their work on a global stage. By aligning with global standards, India seeks to draw foreign investments and improve its standing in the international design market. This initiative is also expected to stimulate local innovation and creativity, thereby contributing to the country's economic development as the treaty is implemented.


Authors: Dhruv Mathur, Managing Associate and Shivam Malvi, Patent Associate At S.S. Rana & Co. Views are personal.


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