As a basis for this discussion, a questionnaire on the formalities of design registration procedures was developed in 2007 to gain a better understanding of the different design systems (Part I).
A second questionnaire was developed based on additional questions from SCT members (Part II) relating to the subject matter of industrial designs, existing formalities for application and registration, appeal proceedings, alternative dispute resolution (ADR) and invalidity proceedings. In addition, the relationship between industrial designs on the one hand and trademarks, copyrights and unfair competition on the other was surveyed.
Based on the results of these questionnaires, in 2009 and 2010 working documents were drafted to identify and discuss possible areas of convergence on industrial design law and practice in SCT Members. Some of these areas are:
- Form of Reproduction / Views
- Number of Copies of Reproduction
- Requirement to File in the Name of the Creator
- Unity of Design or Unity of Invention / Division of Applications
- Multiple Applications
- Filing Date Requirements
- Deferment of Publication and Secret Design
- Grace Period in the Event of Disclosure
- Period of Protection
Parallel to this, the potential benefits deriving from this convergence for two groups were discussed, namely for Industrial Design Owners and Industrial Property Offices.
In summer 2010, the Secretariat of the SCT prepared the very first Draft Provisions for industrial design law and practice relating to:
- application
- representation of the design
- applicant
- division of application
- filing date
- grace period for filing in case of disclosure
- deferment of publication
- communications
- initial term of protection and renewal
- relief in respect of time limits
- reinstatement of rights
- request for recording of a license or a security interest
- request for recording of a change in ownership.
In summary 13 topics
A first step to the goal of simplification of industrial design procedures, for the benefit of applicants and offices.
FICPI commented on this draft on November 1, 2010 during the 24th SCT meeting (SCT/24/REF/FICPI).
These and further comments from member states, industry, NGOs and interest groups have led to revisions and adaptations of the draft provisions, and to the division of the provisions into articles and rules. The draft of 2011 already covered 19 articles and 11 rules, and there were initial calls for a Diplomatic Conference to be convened to adopt a corresponding Design Law Treaty.
However, the convening of a Diplomatic Conference was to take another 11 years, until summer 2022, and the invitation was set for November 11, 2024 in Riyadh, Saudi Arabia.
The last revised draft of the Design Law Treaty (DLT) was prepared in 2023 by the SCT, with a total of 32 articles and 19 rules.
And now we are in Riyadh to finalise this draft for adoption by the WIPO delegates. The perfect setting for Cinderella, who now just has to find her prince.
