28-November-2024-Editorial

INDIA SIGNS THE FINAL ACT OF THE RIYADH DESIGN LAW TREATY

The adoption of the Design Law Treaty (DLT) at the Diplomatic Conference in Riyadh by World Intellectual Property Organization (WIPO) members, including India, is a significant step in enhancing the protection of industrial designs. This treaty simplifies procedures and strengthens international intellectual property (IP) frameworks, benefiting designers worldwide.

India’s Position in Intellectual Property (IP)

1. Global Innovation Index (GII) 2024:
   • India ranks 39th globally out of 133 economies in innovation.
   • Achieved the top rank in Central and Southern Asia.
2. Global IP Ranking:
   • India is in the global top 10 for patents, trademarks, and industrial designs.
   • Ranked 6th globally with 64,480 patent applications in 2023.
   • Holds the second-largest trademark registry with over 3.2 million active trademarks.
   • Industrial design applications increased by 4% in 2023.
3. Patent-to-GDP Ratio:
   • Grew from 144 to 381 in the past decade, reflecting growing patent activity alongside economic growth.

What is the Design Law Treaty (DLT)?

The DLT provides a unified framework to streamline global procedures for protecting industrial designs, making the system predictable and accessible.

Key Provisions:

1. Simplified Application Process:
   • Uniform guidelines for all design applications.
   • Flexible design representation using drawings, photographs, or videos.
   • Enables multiple designs in a single application while preserving the filing date.
2. Improved Filing Mechanism:
   • Allows applicants to secure a filing date with partial information, completing the application later.
   • Introduces a 6–12 month grace period to protect designs disclosed before filing.
3. Post-Registration Benefits:
   • Control over publication for six months post-filing to maintain confidentiality.
   • Relief measures for missed deadlines to protect rights.
   • Clearly defined procedures for post-registration transactions like licensing or transfer.
4. Two-Tier Structure:
   • Includes articles for primary provisions and rules for implementation, adaptable to future technological changes.

About Industrial Design

An industrial design refers to the ornamental or aesthetic features of a product, which enhance its appearance through shape, color, texture, or material.

Types of Designs:

• Three-Dimensional: Shape of a product (e.g., bottle designs).
• Two-Dimensional: Patterns or surface decorations (e.g., textile prints).

Applications:
Designs are crucial for industries like furniture, electronics, clothing, medical devices, jewelry, and packaging.

Importance:

1. Increases a product’s market appeal.
2. Provides a competitive edge by attracting consumer interest.
3. Enhances brand identity and value.

Protection:
Designs are territorial rights, valid only in the country or region where they are registered. In India, protection is governed by the Designs Act, 2000.

Industrial Design in India

1. Growth Trends:
   • Design registrations tripled between 2014 and 2024.
   • Domestic filings surged by 120% in the last two years.
   • Applications grew by 25% in 2023.
2. Protection Mechanism:
   • The Designs Act, 2000 provides protection for aesthetic designs, excluding functional aspects.
   • Protected designs must be novel, original, and unpublished before registration.
3. Duration of Protection:
   • Initial 10 years of protection, extendable by 5 years.
   • Protection excludes designs violating public morality or those with existing copyrights or trademarks.

Judicial Cases in India

1. Ritika Private Limited v. Biba Apparels (2016):
   • Ritika’s designs were copied by Biba but lacked protection due to non-registration under the Designs Act.
   • Reinforced the necessity of registering designs to prevent duplication.
2. Crocs Inc. USA v. Bata India Ltd. (2019):
   • Crocs’ claims of design infringement were dismissed as the design lacked novelty.
   • Highlighted the importance of originality for design protection.

World Intellectual Property Organization (WIPO)

The World Intellectual Property Organization (WIPO) is a specialized United Nations agency established in 1967 to promote innovation and creativity by safeguarding intellectual property (IP) globally.

• Headquartered in Geneva, Switzerland, WIPO has 193 member states, including India (joined in 1975).
• It offers IP protection services, forums for policy discussions, and data to guide global decision-making.
• WIPO facilitates treaties like the Design Law Treaty (DLT) and oversees systems such as the Patent Cooperation Treaty (PCT).
• Its mission is to foster a balanced IP system that supports economic growth while encouraging cultural and technological advancements worldwide.

Conclusion

The Design Law Treaty (DLT) is a progressive step toward simplifying global industrial design protection. By reducing procedural hurdles, offering flexible filing options, and ensuring stronger post-registration support, it empowers designers to safeguard their creations effectively. For India, a leader in IP innovation, the DLT aligns with its growing influence in the global IP landscape, supporting economic and creative growth.