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Designs are distinct intellectual property rights applied to products visual design or appearance. Designs make products attractive to consumers and are valuable…
Saudi Arabia
Intellectual Property
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Designs are distinct intellectual property rights applied to
products visual design or appearance. Designs make products
attractive to consumers and are valuable business assets providing
competitive advantages.
In November 2024, Saudi Arabia hosted the Diplomatic Conference
to Conclude and Adopt a Design Law Treaty. On 22 November 2024, the
WIPO member states approved the 28th WIPO Treaty – the
Riyadh Design Law Treaty.
The Design Law Treaty aims to facilitate design protection by
streamlining and simplifying procedures and help designers, micro, small
and medium-sized enterprises obtain domestic and foreign design
registrations in a cost-efficient manner.
The headline changes are laid out in the table below.
|
Current Design Law Legislation
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New Design Law Treaty
|
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Divergent national design legislation and requirements
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The new Treaty clearly defines the requirements and elements of
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|
Physical filings in some jurisdictions
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Introduction of an electronic filing system
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Certified priority applications must be obtained and submitted
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Electronic exchange of priority documents
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Grace period for the disclosure of industrial designs not
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12-month grace period being introduced
|
In addition to those changes above:
- Applicants may be able to keep designs unpublished for at least
six months after securing a filing date; - Filing of divisional applications when the original application
contains more than one industrial design; - Relief measures to avoid loss of rights; and finally
- The term of protection is unified to at least 15 years from
either the filing date, or the date of grant or registration.
The next stage for the Treaty is ratification which requires 15
contracting parties for it to enter into force.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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