WIPO Frames Industrial Design Treaty

According to WIPO’s definition, an industrial design refers to the aesthetic aspects of an item, such as its shape and colour. Industrial designs are applied to a large array of products, ranging from medical instruments to watches and smartphones. Discussions on possible areas of convergence between industrial design law and practice have been underway at WIPO since 2009.

However, developing countries at last week’s meeting took a more cautious approach, warning that “this negotiation exercise has been based mostly on the law and practise of a few developed countries.”

At the WIPO General Assembly in October, the SCT was mandated to consider including “appropriate provisions regarding technical assistance and capacity building for developing countries and LDCs in the [future treaty’s] implementation.” During last week’s discussions, however, WIPO members could not agree on the binding nature of technical assistance provisions, while also debating two different proposals on the nature of technical assistance work under the potential treaty.