AIPPI is closely involved in the upcoming WIPO Diplomatic Conference on the Design Law Treaty (DLT)

• WIPO has been working for many years on the development of a new international treaty on Design, which will complement the existing patent and trademark treaties.

In July 2022, the WIPO General Assembly decided to formally launch the process of adopting this new treaty. The draft treaty is available under the following link https://www.wipo.int/meetings/en/doc_details.jsp?doc_id=295316

This draft treaty aims to harmonise part of the design law, more specifically the application procedures, as well as other matters. For example, the draft treaty deals with the different steps of filing, the publication of applications, the grace period, the manner in which the design application should be made (e.g. representation of the design, description, etc.), or the obligation to record licences in the IP registers and the sanctions in case failing to comply.

The draft treaty does not concern topics such as design definitions, scope of protection or validity conditions, which are at this stage too diverse between countries.

• The preparatory work for the diplomatic conference will take place from September 2023 onwards and the diplomatic conference itself should take place during 2024.
• AIPPI will participate in the diplomatic conference (and its preparation) as an observer. It will be represented by Guillaume Henry, second deputy reporter general.

AIPPI will prepare a position paper on the draft treaty by the end of July, indicating where improvements could be made to achieve a higher degree of harmonisation or to propose more effective rules.

This position paper will be prepared by the Reporter General Team (notably Guillaume Henry), in close coordination with the Standing Committee on Design, which has been working on this issue for many years. The position paper will of course be based on the numerous resolutions on designs that AIPPI has adopted in recent years. The tremendous work done by the National Groups, the Study Committees and the Plenary Sessions will be the raw material for this AIPPI position paper in the context of the preparation of the new treaty.

It is to be welcomed that AIPPI is associated by WIPO with this new diplomatic conference and with the adoption of a new design treaty. The history of AIPPI continues!

Contact: g.henry[at]aippi.org