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Riyadh Design Law Treaty
By Guy José Bendaña-Guerrero & Asociados
World Intellectual Property Organization (WIPO) member states approved on November 2024 the Riyadh Design Law Treaty -so called in recognition of the city that hosted the final stage negotiations-, that aims to harmonize and simplify the procedures for obtaining design protection in different countries.
Today, the process for protecting designs varies from one country to another. In some countries, designs are filed as "registered designs." Registration systems may involve the examination of design applications by the IP office, involving procedures that vary from country to country. In other jurisdictions, designs are protected under patent law as "design patents," which are usually only granted after a thorough examination of the design application by the IP office.
In addition, designers generally must follow the filing procedures set by the IP office of the country in which they are seeking protection. Because design rights are territorial and thus limited to the country or region in which protection was obtained, designers must go through the same process in each country or region where they wish to protect their designs.
The Riyadh Treaty looks to help to make the framework for design protection procedures more predictable and make the procedures themselves less complex and more affordable. It will be easier for designers to file applications in several different jurisdictions.
The Treaty will:
-set a maximum list of indications or elements that designers must submit with an application. Establishing a closed list of elements will help to create a predictable framework for design protection procedures: designers wishing to file an application will know exactly what indications or elements may be required.
-allow applicants to choose how they represent the design in an application (drawings, photographs or, if admitted by the IP office, video).
-allow applicants to include several designs in a single application, under certain conditions.
-set out requirements for the granting of a filing date. Keeping the list of filing-date requirements for design applications to a minimum is crucial because, in the field of design, postponing the filing date can result in a definitive loss of rights.
-provide for a grace period of 12 months following a first disclosure of the design, during which such disclosure will not affect its validity for registration.
-allow applicants to keep their designs unpublished for at least six months after having secured a filing date.
-provide relief measures and offer some flexibility to applicants to prevent them from losing their rights if they miss a deadline. Without such measures, missing a time limit generally results in a loss of rights. In the case of designs, that loss is irreparable.
-simplify the procedure for requesting the renewal of a design registration.
-furthers the introduction of e-filing systems for designs and the electronic exchange of priority documents.
Guy José Bendaña-Guerrero & Asociados
GUY JOSE BENDAÑA GUERRERO & ASOCIADOS has a long and prosperous tradition in the field of intellectual property (IP) in Nicaragua, with roots that go back to more than 100 years, resulting on long-term relationships with renowned clients and attorneys worldwide.
The firm has its origins in the law firm Henry Caldera & Henry Caldera-Pallais, founded in 1907 by Mr. Henry Caldera. That same year of 1907, through the efforts of Mr. Caldera, Nicaragua had its first Trademark Law. In the late 1930’s, Mr. Caldera’s oldest son, Dr. Henry Caldera-Pallais, after studying law in Nicaragua, attended the University of Michigan, where he graduated as a Registered U.S. Patent Attorney. Dr. Caldera-Pallais in 1964 was a founding member of the Interamerican Association of Intellectual Property (ASIPI), the first regional intellectual property organization in the Americas. The firm continued to grow during the administration of Dr. Franklin Caldera, son of Dr. Caldera-Pallais, who obtained his doctoral degree in law from the Universidad Centroamericana in 1973.
Since 1985 the current partners, Dr. Guy José Bendaña Guerrero and Mrs. Blanca Aragón de Bendaña, took over the management of the firm. Dr. Bendaña Guerrero, Director of the firm, has distinguished himself as one of the most respected authorities in Central America in the field of intellectual property and law in general, being the author of several books such as “Course of Industrial Property Law”, “Study of the new Laws of Industrial Property” and “New Study of Contracts “, among others. Mrs. Aragón de Bendaña has served as the firm’s general manager and, thanks to her excellent management, the firm has been in constant growth, with a highly qualified staff committed to excellence. Since 1996, partner Julián José Bendaña Aragón joined the firm, and has been standing out as one of the most recognized attorneys in the field of intellectual property.
We have adapted to the constant change of the business world, supporting our clients in finding the most appropriate legal solutions for each moment. The firm distinguishes itself by understanding the needs of its clients, offering personalized service and adding value to its activities.
Nowadays we continue to be the leading firm in Nicaragua in the area of intellectual property, and at the same time, we have been consolidating other areas of service within the civil, commercial and labor fields, as well as litigation and consulting in general. The firm is well positioned to guarantee a pragmatic service that meets the requirements of the most demanding clients.