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26 November 2024

India Advances Design Rights With Riyadh Treaty

Nation signs treaty to simplify industrial design protection and boost creative economy

India has officially joined the global intellectual property community by signing the Final Act of the Riyadh Design Law Treaty (DLT), marking a significant leap toward enhanced industrial design protections for creators. After nearly two decades of negotiations among member states of the World Intellectual Property Organization (WIPO), the treaty was ratified during a diplomatic conference held in Riyadh. This move reflects India’s commitment to fostering inclusive economic growth and making intellectual property rights more accessible to stakeholders.

The DLT aims to harmonize and simplify registration procedures for industrial designs across various jurisdictions. By standardizing these processes, the treaty plans to reduce administrative burdens, which can often stifle creativity and innovation, especially among smaller enterprises. Key provisions introduced by the treaty include relaxed time limits for applicants and the reinstatement of lost rights. Designers will also benefit from simplified procedures for recording assignments and licenses and the ability to file multiple designs within a single application.

India's signing of the DLT aligns with the government's broader initiative to support small and medium-sized enterprises (SMEs), startups, and independent designers, allowing them to thrive on both local and global stages. The Ministry of Commerce and Industry has highlighted how the treaty’s provisions will empower these entities by simplifying the design registration process, making it easier for them to protect their creations.

According to WIPO, the treaty will particularly benefit smaller-scale designers, startups, and SMEs who may lack the resources to navigate the complex and often costly world of intellectual property protection. By introducing electronic design systems and facilitating the electronic exchange of priority documents, the DLT aims to create more efficient and accessible registration environments.

Daren Tang, WIPO’s Director-General, expressed his enthusiasm for the treaty's potential, saying, “For 19 years, we have worked toward this moment. Now, the finish line is within sight. To cross it, we must build bridges, find areas of convergence, and be creative.” He emphasized the aim of the treaty to empower designers and spur global innovation.

This agreement not only signifies India’s commitment to improving its intellectual property framework but also reflects the country's rich heritage of design and craftsmanship. Over the past decade, India has witnessed remarkable growth in design registrations, with domestic filings increasing significantly. The past two years alone saw design registrations double, and applications grew by 25% last year. Such growth is driven by proactive government initiatives like the Startup India program and the Startups Intellectual Property Protection (SIPP) scheme.

The DLT, akin to existing treaties for patents and trademarks, fills the gap for design protection and sets the stage for simpler, more coherent processes worldwide. This is increasingly relevant as countries seek to promote innovation through streamlined systems. By ensuring all stakeholders benefit from these advancements, the treaty will play a pivotal role in leveling the playing field, encouraging creativity across various sectors.

Experts argue the DLT is not only about simplifying processes; it's also about creating opportunities for collaboration and ideas to flow freely across borders. This framework could potentially transform the global design ecosystem, which has historically favored larger firms with substantial resources.

India's rich tradition of artistry, paired with modern design initiatives, positions it as a key player on this international front. The signing of the DLT enhances India's potential to serve as a hub for design innovation, facilitating participation on the global stage. This treaty puts the country on the path to capitalizing on its creative talents, thereby promoting sustainable economic growth.

Looking forward, the implementation of the DLT is expected to accelerate India’s integration with the international marketplace, helping its designers secure recognition and protections for their work worldwide. This is not just about private gains but contributes to the broader narrative of driving innovation and trade through empowered creative sectors.

By aligning with global efforts to simplify design protection, India is set to strengthen its intellectual property rights framework. This aligns with the government’s strategy for sustainable and inclusive economic development, ensuring the benefits of creativity reach all corners of society and contribute to global dialogues around design innovation. The DLT stands as both a commitment and a promise for the future of creativity.

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