On November 22, 2024, in Riyadh, the World Intellectual Property Organization (WIPO) officially adopted the Riyadh Design Law Treaty (RDLT). This is a historical milestone aimed at establishing common standards for the application and management of industrial designs, helping designers protect their work internationally more easily, quickly, and cost-effectively. The details of the RDLT are assessed as follows:
- Core Content of the RDLT
The Riyadh Treaty (full English text available at DLT/DC/26) focuses on eliminating cumbersome administrative barriers through specific regulations:
- Harmonizing Registration Dossiers: The RDLT clearly defines the maximum information an intellectual property office can require, including name, address, representative, and a representation of the design.
- Flexibility in Forms of Representation: Applicants can use drawings, photographs, or other visual representations admitted by the Office.
- Filing Date Regulations: It establishes minimum requirements to be accorded a filing date to protect priority rights consistently.
- Grace Period: The RDLT allows creators to disclose their design within 12 months preceding the filing date (or priority date) without losing its novelty or originality. Currently, Vietnam stipulates a grace period of 06 months from the date the design is disclosed until the filing date under Article 65.4 of the Law on Intellectual Property. Thus, the RDLT provides double the protection period compared to current Vietnamese law, giving designers more time to test the market or seek investors before formal registration.
- Protection of Traditional Knowledge: A notable new feature is that Contracting Parties may require applicants to provide information regarding traditional knowledge or traditional cultural expressions relevant to the design to preserve indigenous values.
- Prioritizing Electronic Systems: The Treaty encourages countries to build online filing systems and digital data exchange, helping to minimize travel time for in-person filing and document receipt times.
- Outstanding Benefits for Stakeholders
2.1. For Designers and Businesses:
- Cost Savings: Standardizing international forms helps individuals and organizations avoid struggling with unique and complex regulations in each country.
- Safety when Market Testing: Thanks to the 12-month grace period, individuals/organizations can introduce products to the public to gauge customer reactions before deciding to invest in formal protection costs.
- Flexible Rights Restoration Mechanisms: Provisions for time limit extensions and the reinstatement of rights help applicants avoid losing ownership due to minor errors or unintentional delays.
- Business Confidentiality: The RDLT allows for the maintenance of a design as unpublished for a period (minimum 6 months from the filing date), helping entities keep designs secret until the product is launched.
2.2. For Developing Countries:
WIPO commits to supporting developing and least developed countries (LDCs) in building legal frameworks, training human resources, and developing technological infrastructure to implement the Treaty. Access to WIPO’s digital libraries helps countries enhance their intellectual property management capacity, which is particularly beneficial and consistent with Vietnam’s digitalization policy in the new era.
- Implementation Roadmap and Vietnam’s Position
As of March 2026, according to the WIPO Lex database, many countries have participated in the signing, but none have yet officially ratified the Treaty. The Treaty will officially enter into force three months after 15 states or intergovernmental organizations have deposited their instruments of ratification or accession.
Currently, Vietnam is not yet on the list of RDLT signatories. However, the Intellectual Property Office of Vietnam (Ministry of Science and Technology) is proactively coordinating with WIPO to:
- Standardize databases and improve examination capacity.
- Promote digital transformation in the management of design applications.
- Research and assess impacts to propose an accession roadmap consistent with the National Intellectual Property Strategy through 2030.
Joining the RDLT in the future will be an important step in helping Vietnamese brands confidently reach the international stage with a simpler and safer design protection process.
Reference Source:
[1] Diplomatic Conference to Conclude and Adopt a Design Law Treaty (DLT), WIPO, https://www.wipo.int/edocs/mdocs/sct/en/dlt_dc/dlt_dc_26.pdf.
[2] Riyadh Design Law Treaty, United States Patent and Trademark Office, https://www.uspto.gov/ip-policy/industrial-design-policy/riyadh-design-law-treaty.
[3] WIPOLEX, https://www.wipo.int/wipolex/en/treaties/ShowResults?search_what=C&treaty_id=19852.
[4] Hiệp ước Luật Kiểu dáng công nghiệp Riyadh: Bước tiến trong bảo hộ thiết kế toàn cầu, Ministry of Sience and Technology, https://mst.gov.vn/hiep-uoc-luat-kieu-dang-cong-nghiep-riyadh-buoc-tien-trong-bao-ho-thiet-ke-toan-cau-197251011210649487.htm.
