Design Law Treaty (DLT):
The member states of the World Intellectual Property Organization (WIPO) including India adopted the Design Law Treaty (DLT) at the Diplomatic Conference to Conclude and Adopt the Design Law Treaty held in Riyadh, Saudi Arabia.
- DLT is proposed as a comprehensive framework to streamline and facilitate the protection of industrial designs worldwide.
- Its objective is to create a predictable and accessible system that eliminates unnecessary bureaucratic hurdles and offers greater ease for designers to protect their intellectual property.
- Key Provisions:
- Streamlining Design Application Procedures:
- Clear Application Requirements: Establishes uniform, clear guidelines for all design applications.
- Flexibility in Representation: Applicants can use various formats (drawings, photos, videos) to represent the design to industrial property offices.
- Multiple Use: Allows multiple designs in one application, preserving the original filing date even if some are not accepted.
- Improving the Filing Process:
- Filing Date Simplicity: Applicants can secure a filing date by submitting essential parts initially, with the complete application processed later.
- Grace Period for Public Disclosure: A six or 12-month grace period protects the novelty of designs disclosed before filing.
- Post-Registration Procedure and Protection:
- Publication Control: Applicants can control publication for six months post-filing, ensuring confidentiality and competitive advantage.
- Relief Measures for Missed Deadlines: Relief will be provided for applicants who miss deadlines, preventing loss of rights.
- Clear Post-Grant Transactions: Post-registration procedures (e.g., transfers, licensing) will be clearly defined for easier management and enforcement.
- Two-Tier Structure: The Treaty will consist of articles (the main provisions of the Treaty) and rules (the regulations governing implementation).
- The Assembly of Contracting Parties can amend the rules to adapt to changes in design law and technology.
