WIPO Director General Daren Tang, Matt Forno (IP Australia), Stephanie Sun (DFAT), Emily McDonald (DFAT), Bronwyn Davis (IP Australia), Brett Massey (IP Australia) and President of the Conference Dr. Abdulaziz bin Mohammed Al Swailem. Copyright: WIPO. Photo: Marlène Borlant. This work is licensed under a Creative Commons Attribution 4.0 International License.
Global design treaty to support creative industries
- Riyadh Design Law Treaty will help Australian designers protect their works globally.
- Designers and small businesses will reap economic rewards of harmonised processes.
IP Australia welcomes the successful conclusion of the Riyadh Design Law Treaty (the Treaty). The Treaty was agreed at the World Intellectual Property Organization (WIPO) diplomatic conference in Riyadh, Saudi Arabia, after negotiations that spanned 20 years.
The number of design applications by Australians jumped 8.6% last year, from 2,656 in 2023 to 2,884 in 2024, highlighting the growing interest of local designers in securing IP rights.
“This international agreement will make it easier for local designers to seek intellectual property (IP) protection for their creations and brings greater certainty and consistency for the design application process in different countries,” IP Australia Director General Michael Schwager said.
Key outcomes of the Design Law Treaty include:
- Providing consistent grace periods so designers have 12 months after first publicly disclosing their design to file an application without affecting the design's validity for registration.
- Establishing a maximum list of indications or elements that designers must submit with an application, so applicants will know exactly what is required.
- Offering relief measures and flexibility so designers don’t automatically lose their rights if they miss a deadline.
- Allowing several designs in a single application under certain conditions.
Significantly, the Treaty ensures flexibility for member countries to create or keep their own rules about disclosure of Indigenous Knowledge used in designs applications, including Traditional Cultural Expressions and Traditional Knowledge.
This builds on the landmark WIPO treaty on Intellectual Property, Genetic Resources, and associated Traditional Knowledge, successfully negotiated in May last year.
Australian Government representatives from IP Australia and the Department of Foreign Affairs and Trade played a crucial role in advocating for these outcomes, including public consultation with Australian designers and Aboriginal and Torres Strait Islander peoples.
While harmonising processes, the Treaty will not change the laws about what design right protection covers.
Australia’s participation in the Treaty is subject to further Government consideration and a Parliamentary process to ratify the Treaty.
Further information: WIPO Member States Adopt Riyadh Design Law Treaty