The latest episode of the Talking MARQUES podcast focuses on recent developments in design law, including the Riyadh Design Law Treaty and the EU design reform.

The podcast features three members of the MARQUES Designs Team: Inga George, Sally Britton and Sara Soderling.

They discuss the impact of both the Treaty and the reform package as well as the negotiations that led up to them, including the involvement of MARQUES.

In particular, they summarise the key points of each and how they will affect design applicants and owners.

The speakers also share information about other projects the Team is working on, including the Design Tracker and the consultation on UK designs.

You can listen to this episode of Talking MARQUES on the MARQUES website and on Spotify.

There are now 23 episodes of Talking MARQUES available. More will be posted later this year so look out for them!

Uzbekistan has become the 75^th contracting party to the 1999 Geneva Act and the 81^st member of the Hague Union. The system now covers 98 countries.

The government of Uzbekistan deposited its instrument of accession on 10^th October. The 1999 Act will enter into force in Uzbekistan on 10^th January 2025.

Find out more on WIPO's website here.

Here’s a reminder for Class 99 readers that WIPO is hosting a special webinar with guest speakers from the USPTO tomorrow (10 December) from 16.00-17.00 Geneva time.

WIPO says the webinar will focus on designating the US in your Hague System application: “Discover what to expect during the application process and specific substantive requirements in the US related to filing a design application under the Hague System. Don't miss out on this invaluable session for anyone thinking of designating the US in their Hague System application!”

The webinar is part of WIPO’s series of webinars on the Hague System.

It will be held in English and there is no fee.

More information and online registration are available on WIPO’s website here.

WIPO member states have adopted the Riyadh Design Law Treaty following two weeks of negotiations. This is the 28^th WIPO treaty.

The treaty aims to make procedures for design protection more predictable, less complex and more affordable. In particular, it:

• sets a maximum list of indications or elements that designers must submit with an application.
• allows applicants to choose how they represent the design in an application (drawings, photographs or, if admitted by the IP office, video).
• allows applicants to include several designs in a single application, under certain conditions.
• sets out requirements for the granting of a filing date.
• provides for a grace period of 12 months following a first disclosure of the design.
• allows applicants to keep their designs unpublished for at least six months after having secured a filing date.
• provides relief measures and offers some flexibility to applicants to prevent them from losing their rights if they miss a deadline.
• simplifies the procedure for requesting the renewal of a design registration.
• furthers the introduction of e-filing systems for designs and the electronic exchange of priority documents.

The Treaty requires 15 contracting parties to enter into force.

Speaking at the end of the Diplomatic Conference to agree the treaty, WIPO Director General Daren Tang said: “The process of negotiations allowed us to really engage on a topic which WIPO had not put at the centre of our work for some time – that of designs and designers and the gift they have in using colour, form, shape, beauty and aesthetics to delight our senses, enrich our lives, promote our heritage and transform our culture.”

Read more about the Treaty on WIPO’s website.

The MARQUES Designs Team has been actively engaged in the discussions leading up to the Diplomatic Conference over the past few years. For more information, please visit the Team’s page.

Photo: WIPO/Borlant

The EU design reform has today (18 November 2024) been published in the Official Journal of the European Union.

The reform package comprises Regulation (EU) 2024/2822 amending Council Regulation No 6/2002 on Community designs and repealing Commission Regulation No 2246/2002 and Directive (EU) 2024/2823 on the legal protection of designs.

The Regulation enters into force on the 20^th day following publication and will apply four months later.

The Directive also formally enters into force 20 days after publication. EU member states have 36 months from that date to implement the directive in their national legislation.

The MARQUES Designs Team, working closely with other IP associations, has provided input into the design reform process and continues to monitor the progress. Find out more on the Designs Team page and read the joint comments of ECTA, INTA and MARQUES on the public consultation (January 2023) here.

The Diplomatic Conference to Conclude a Design Law Treaty started yesterday (11 November) in Riyadh, Saudi Arabia.

It is expected to conclude by 22 November.

WIPO Member States chose the venue for the Diplomatic Conference at a Special Session of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications in October 2023.

WIPO says that about 900 delegates, observers and other stakeholders have registered to join the Diplomatic Conference.

The planned Design Law Treaty aims “to streamline the global system for protecting designs, making it easier, faster and more affordable for designers to protect their work in home markets as well as overseas”, according to WIPO.

The proposed Treaty would cover design protection procedures but not questions relating to substantive law.

The negotiations will be based on a Basic Proposal for the Design Law Treaty, which was submitted in May this year and sums up the state of the discussions which have continued over many years.

The Diplomatic Conference will be divided into two committees. The first will negotiate and agree on all substantive IP provisions and recommend them for adoption by the plenary. The second will negotiate and agree on all administrative provisions and final clauses, such as who can join the future treaty and the conditions for its entry into force.

In addition, there will be a Credentials Committee, Drafting Committee and Steering Committee.

Once all the committees have finished their work, the treaty will be sent to the conference plenary for adoption. It is then open for signature.

WIPO Director General Daren Tang said: “Design protection secures the rights of creators the world over and is a critical tool for maintaining competitive advantage, encouraging innovation and protecting businesses in a global marketplace.”

You can read more about the treaty on WIPO’s website here and watch a live stream of the Diplomatic Conference here.

The MARQUES Designs Team has submitted comments on some of the outstanding issues with the draft proposals that are of particular interest to users. These include: disclosure requirement for traditional knowledge, traditional cultural expressions and genetic resources; grace period for filing in case of disclosure; deferment of publication; restoration of a priority right; and requirement to record a licence before a licensee can join infringement proceedings or claim damages.

The Designs Team will monitor the discussions at the Diplomatic Conference and post a further report when it is finished.

The photo is taken from WIPO's X feed

The Council of the EU has adopted the revised directive on the legal protection of designs and the amended regulation on community designs.

The texts were adopted on 10 October 2024.

The directive will be published in the Official Journal of the EU and will enter into force on the 20^th day following its publication. EU Member States will then have 36 months to transpose the directive.

The regulation amending the regulation on Community designs will enter into force on the 20^th day following publication and will apply four months later.

The design reform package aims to make it easier and cheaper to register designs at the EU level and harmonise procedures between European and national systems.

It also introduces the “repair clause” to exempt from design protection the spare parts used for repair of complex products (such as spare parts for the car-repair sector) following a transitional period.

More information is available on the Council website here.

The MARQUES Designs Team, working closely with other IP associations, has provided input into the design reform process and continues to monitor the progress. Find out more on the Designs Team page and read the joint comments of ECTA, INTA and MARQUES on the public consultation (January 2023) here.