Design Law Treaty (DLT)

• 27 Nov 2024

For Prelims: World Intellectual Property Organization (WIPO), Design Law Treaty (DLT), Industrial Designs, Intellectual Property, Designs Act, 2000, TRIPS Agreement, Trademark, Copyright Act, 1957.

For Mains: Safeguarding Intellectual Property Rights.

Source: PIB

Why in News?

Recently, the member states of the World Intellectual Property Organization (WIPO) including India adopted the Design Law Treaty (DLT) at the Diplomatic Conference to Conclude and Adopt the Design Law Treaty held in Riyadh, Saudi Arabia. 

State of India's Intellectual Property 

• India’s Innovation Ranking: WIPO’s Global Innovation Index (GII) 2024 ranked India 39th among the 133 economies featured in the GII 2024. 
  • India ranked 1st among the 10 economies in Central and Southern Asia. 
• India’s Global IP Ranking: India ranks in the global top 10 for all three major intellectual property rights—patents, trademarks, and industrial designs. 
  • India ranks sixth globally with 64,480 patent applications in 2023. 
  • India’s trademark office holds the second-largest number of active registrations worldwide with over 3.2 million trademarks in force. 
  • India’s industrial design applications grew by 36.4% in 2023. 
• Increase in IP Activity: India’s patent-to-GDP ratio grew from 144 to 381 in the past decade, indicating an expansion of IP activity in line with economic growth. 
  • Patent-to-GDP ratio is a measure of the economic impact of patent activity. 

What is the Design Law Treaty (DLT)? 

• About: DLT is proposed as a comprehensive framework to streamline and facilitate the protection of industrial designs worldwide.  
• Objective: Its objective is to create a predictable and accessible system that eliminates unnecessary bureaucratic hurdles and offers greater ease for designers to protect their intellectual property.  
• Key Provisions: 
  • Streamlining Design Application Procedures: 
    • Clear Application Requirements: Establishes uniform, clear guidelines for all design applications. 
    • Flexibility in Representation: Applicants can use various formats (drawings, photos, videos) to represent the design to industrial property offices. 
      • Multiple Use: Allows multiple designs in one application, preserving the original filing date even if some are not accepted. 
  • Improving the Filing Process:  
    • Filing Date Simplicity: Applicants can secure a filing date by submitting essential parts initially, with the complete application processed later. 
    • Grace Period for Public Disclosure: A six or 12-month grace period protects the novelty of designs disclosed before filing. 
  • Post-Registration Procedure and Protection:  
    • Publication Control: Applicants can control publication for six months post-filing, ensuring confidentiality and competitive advantage. 
    • Relief Measures for Missed Deadlines: Relief will be provided for applicants who miss deadlines, preventing loss of rights. 
    • Clear Post-Grant Transactions: Post-registration procedures (e.g., transfers, licensing) will be clearly defined for easier management and enforcement. 
  • Two-Tier Structure: The Treaty will consist of articles (the main provisions of the Treaty) and rules (the regulations governing implementation).  
    • The Assembly of Contracting Parties can amend the rules to adapt to changes in design law and technology. 

What is Industrial Design? 

• About: An industrial design is an original creation of an ornamental nature, which, when incorporated in or applied to a product, lends a special appearance to it.  
  • These characteristics may result from its shape, lines, outline, configuration, colour, texture or material. 
  • A design may be three-dimensional, such as the shape of a product, or two-dimensional, as in a specific surface pattern. 
  • It is an Intellectual property (IP) which are intangible creations of the human mind that have value but are not physical objects. 
• Application: Designs are applied to a wide range of products, such as packaging, furniture, clothing, electronic devices, medical equipment, handicraft items, and jewelry. 

• Importance: Designs are business assets that may increase a product’s market value and provide a competitive advantage. 
  • By making products attractive to consumers, designs drive consumer choices. 
• Protection: Designers need to follow the filing procedures set by the intellectual property (IP) office of the country in which they seek protection. 
  • Design rights are territorial i.e., the rights arising from protection obtained in one country (or region) are limited to that country (or region). 
  • The registration and protection of industrial designs in India is administered by the Designs Act, 2000. 
• Industrial Design In India: Between 2014-24, design registrations in India have tripled, with domestic filings increasing by 120% in the last two years alone.  
  • Notably, design applications grew by 25% in 2023. 

World Intellectual Property Organisation (WIPO) 

• About: WIPO is an specialised agency of the United Nations which was created in 1967 to encourage creative activity, to promote the protection of intellectual property throughout the world. 
• Role: Provides services for protecting IP, offers a forum for IP-related issues, and supplies data and information to guide global decision-making. 
• Membership: It has 193 member states. India joined WIPO in 1975. 

What are Protection Provisions under the Design Act, 2000? 

• Eligibility: Designs are protected if they are aesthetic in nature and applied to articles. 
  • Protection only applies to the appearance of an article, not its functional aspects. 
  • Designs must be registered with the Design Registry to receive protection. 
• Requirements for Protection: 
  • Novelty and Originality: Design must be new and significantly different from existing designs. 
  • Non-Disclosure: Design should not have been publicly disclosed in India or abroad. 
  • Not Functional: Designs driven by functionality are not protected. 
  • Not Offensive: Designs should not conflict with public morals, security, or integrity. 
• Duration of Protection: Protection lasts for at least 10 years under the TRIPS Agreement which can be extended for an additional 5 years through a renewal application. 
• Infringement and Enforcement: Registered design owners can prevent others from making, selling, or importing products that copy or imitate their design. 
• Excluded Designs from Protection: Certain items like stamps, calendars, books, flags, and layout designs of integrated circuits are excluded from industrial design protection. 
  • Design cannot include a trademark, property mark, or any artistic rights as defined under the Copyright Act, 1957. 

Judgements of Industrial Design 

• Ritika Private Limited v. Biba Apparels Private Limited Case, 2016: Ritika, a boutique apparel designer, sued Biba for reproducing and selling garments in the Delhi high court that duplicated Ritika's designs, despite the designs not being registered under the Design Act, 2000. 
  • The court ruled that the designs were not registered under the Design Act, 2000, and thus, there was no infringement, reinforcing the importance of design registration for protection against duplication and copying. 
• Crocs Inc. USA v. Bata India Ltd. and Ors. Case, 2019: Crocs Inc USA filed a design infringement suit against various Indian footwear manufacturers in the Delhi high court. The alleged design referred to perforated and non-perforated shoe design.  
  • The court held that Crocs Inc USA cannot allege infringement or piracy since the alleged design lacks novelty and originality because of the prior publication of the design in various mediums. 

Conclusion 

The Design Law Treaty (DLT) aims to simplify the global protection of industrial designs, making it easier and more accessible for designers to safeguard their intellectual property. It ensures a streamlined process, with provisions for multiple designs, grace periods, and clear post-registration procedures, enhancing international design protection.

Drishti Mains Question:

What is Industrial Design? How the newly adopted Design Law Treaty (DLT) aims to protect it.

UPSC Civil Services Examination, Previous Year Questions (PYQs) 

Prelims

Q. Consider the following statements: (2019) 

1. According to the Indian Patents Act, a biological process to create a seed can be patented in India.
2. In India, there is no Intellectual Property Appellate Board.
3. Plant varieties are not eligible to be patented in India.

Which of the statements given above is/are correct? 

(a) 1 and 3 only  

(b) 2 and 3 only 

(c) 3 only  

(d) 1, 2 and 3 

Ans: (c)

Q.With reference to the ‘National Intellectual Property Rights Policy’, consider the following statements:(2017) 

1. It reiterates India’s commitment to the Doha Development Agenda and the TRIPS Agreement.
2. Department of Industrial Policy and Promotion is the nodal agency for regulating intellectual property rights in India.

Which of the above statements is/are correct?

(a) 1 only  

(b) 2 only 

(c) Both 1 and 2  

(d) Neither 1 nor 2 

Ans: (c)

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Mains

Q. In a globalized world, Intellectual Property Rights assume significance and are a source of litigation. Broadly distinguish between the terms—Copyrights, Patents and Trade Secrets. (2014)