IPOPHL enjoins ASEAN to adopt proposed Design Law Treaty to benefit designers
August 16, 2024
The Intellectual Property Office of the Philippines (IPOPHL), sitting as chair of the ASEAN Industrial Design Task Force, has initiated discussions among ASEAN Member States (AMSs) to explore the potential benefits in the proposed Design Law Treaty (DLT), which would harmonize and bring ease to the industrial design (ID) protection process across the world.
At the 5th ID Task Force (IDTF) Meeting held earlier this month, IPOPHL enjoined member states to support the World Intellectual Property Organization (WIPO) as it convenes a Diplomatic Conference with the aim of concluding and adopting the DLT.
Bureau of Patents Director Ann N. Edillon, who chaired the meeting, said the region may be poised to be the first movers in adopting the treaty and potentially capturing its benefits. Under the 10-year ASEAN IP roadmap, AMSs, she said, have been working to create harmony in their ID administration practices to encourage innovation, creativity and entrepreneurship within the region while attracting external investments.
“The deep collaborative work among AMSs have made ID protection in the region easier and faster over the years. With the DLT, ASEAN could further empower creators and innovators to bring their designs in various international markets while with the peace of mind of having safeguards over their ID and a defense against infringers,” said Edillon.
The draft treaty sets limits on formalities that contracting parties can impose on applicants and owners. It lists conditions for granting filing dates; allows flexibility for missed deadlines or unintentional lapses; permits correction or addition of priority claims; provides a grace period where public disclosure does not affect novelty and limits requirements for local representation before offices.
The DLT is set for discussion and possible conclusion at the 2024 Riyadh Diplomatic Conference that will take place in November 2024.
Aside from the DLT, the IDTF meeting also looked into the AMSs’ respective progress in achieving ID-related deliverables under the ASEAN IP Rights Action Plan (AIPRAP) 2016-2025.
The IDTF secretariat noted an impressive 70% completion out of its 10 deliverables since the IDTF’s creation only three years ago.
Among those completed were efforts to enhance the ASEAN ID database; ensure the accessibility of the database; identify similarities and differences among AMSs’ ID administration practices; undertake a study to harmonize formality requirements; consider the recommendations from the harmonization study; update ID manuals; and develop an ASEAN Common Guidelines on ID Examination.
Meanwhile, some AMSs continue to work intensively to comply with the remaining deliverables of acceding to the Hague Agreement and implementing an online filing system for ID registration.
Another deliverable, which aims to reduce the region’s registration turnaround time by an average of 10%, is also gaining significant progress as each AMSs strive for efficient and convenient processes for designers.
Following the near completion of its deliverables, the AMSs discussed recommendations of the task force for possible priority areas in preparation for the post-2025 AIPRAP.
The members also welcomed the participation of Timor-Leste as an Observer at the 5th IDTF meeting. This marked the first time the country, which is working to be a full-fledged ASEAN member, was invited to an ASEAN IP Task Force meeting.
The IDTF is among several task forces created under the ASEAN Working Group on IP Cooperation with a focus on implementing priorities and deliverables on ID.
The AIPRAP lays down goals and initiatives supporting ASEAN’s transformation into an innovative and competitive economic region built on the strategic use of the IP system. The current AIPRAP is an updated version following a 2020 mid-term review which aimed to keep the region in step with global advancements in technology, business and IP law. # # # (Janina Lim, Information Officer III)