The Riyadh Treaty on Design Law: a step towards international simplification and harmonization

On November 22, 2024, in Riyadh (Saudi Arabia), member states of The World Intellectual Property Organization (WIPO) approved the Riyadh Treaty on Design Law. This new international instrument marks a major advancement in the field of intellectual property, as it establishes common rules that simplify design protection in countries that adopt the treaty, through procedures that are simpler, more dynamic and more accessible.

Unlike the Hague Agreement, the Riyadh Treaty does not establish an international registration system but instead harmonizes substantive and procedural rules that countries adopting the treaty must implement in their domestic legislation.

Although this treaty has not yet entered into force, since it requires at least 15 ratifications or adhesions, several countries have already signed it, including Uruguay and Paraguay, reflecting initial regional interest in the harmonization of this type of protection.

It is worth noting that the purpose of an industrial design is to protect the aesthetic or ornamental features of an industrial or handcrafted product. At an international level, the term industrial design encompasses two-dimensional creations as well as three-dimensional creations, while in Argentina a distinction is made between industrial designs (two-dimensional) and industrial models (three-dimensional). Accordingly, it must be understood that the Riyadh Treaty refers to both types of creations.

The main objective of the treaty is to make design protection more accessible, especially for entrepreneurs, independent designers, and small and medium-sized enterprises. To that end, it seeks to reduce bureaucratic barriers and harmonize the essential requirements that an application must meet in the different countries adopting the treaty.

Amongst the most relevant aspects of the Riyadh Treaty there is the definition of a maximum and standardized list of elements that must be filed with the application, with the aim of avoiding additional requirements that could complicate the procedure for applicants. Furthermore, the treaty accepts various forms of representation of the design, such as photographs, drawings, or any other visual representation accepted by the competent registration authority.

The treaty also allows the inclusion of multiple industrial designs within a single application, provided that certain conditions are met. This represents an advantage over systems that require individual applications for each design, and it also helps to reduce filing costs. Regarding the filing date—an essential element for assessing novelty and establishing a priority date—the requirements are simplified to an express or implicit indication that the document constitutes an application; sufficient information to identify the applicant; a clear representation of the industrial design or model; and the contact details of the applicant or their representative. Under certain conditions, countries may require additional elements listed in the treaty, such as a claim or a brief description.

In addition, the treaty establishes a harmonized and mandatory 12-month grace period from the date of the first public disclosure of the design, during which such disclosure does not affect its novelty. This would require some countries to amend their domestic legislation if they adopt the treaty – for example, Argentina, whose current law provides only a 6-month grace period. The treaty also allows applicants to request deferred publication of the design for at least six months after filing, granting greater control over the timing of official disclosure.
To provide greater legal certainty, the treaty introduces mechanisms that allow for the correction of errors or delays without automatically resulting in the loss of rights.

Finally, the treaty encourages the implementation of electronic systems for the filing of applications and the digital exchange of priority documents, modernizing and accelerating procedures.

In conclusion, the Riyadh Treaty constitutes a concrete instrument for facilitating the international protection of industrial designs and models. Although it has not yet entered into force, its adoption marks a trend toward regulatory harmonization and procedural simplification, benefiting creators and designers in an increasingly globalized market. For Argentine designers—especially those seeking to protect their creations abroad— this treaty could, in the future, offer easier access to a more unified and efficient system for safeguarding their creative work at the international level.