Traditional Cultural Expressions (TCEs)
Statement by the South Centre to the WIPO Intergovernmental Committee on Intellectual Property, Genetic Resources and Associated Traditional Knowledge
South Centre is participating in the textual based negotiations in WIPO on the protection of traditional knowledge and traditional cultural expressions this week at IGC50 chaired by DPR of Brazil, Erika Watanabe Patriota. International rules are needed to protect the interests of indigenous and local communities and prevent misappropriation.
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The Riyadh Design Law Treaty: Harmonizing Global Design Procedures with Mixed Implications
By Nirmalya Syam
The Riyadh Design Law Treaty (DLT), adopted on November 22, 2024, aims to harmonize and simplify the global registration procedures for industrial designs. By standardizing procedural requirements across jurisdictions, the treaty seeks to create a more predictable and accessible system for designers, particularly benefiting small-scale designers and small and medium-sized enterprises (SMEs). However, the DLT can have implications for developing countries, as many lack significant design-intensive industries. Key provisions in the DLT include a 12-month grace period, deferred publication, divisional applications, and the option to require disclosures regarding traditional knowledge and cultural expressions used in a design. While the treaty enhances global design protection, concerns persist regarding its impact on local designers, market competition, and procedural fairness. The immediate advantages of the DLT for developing countries are limited, highlighting the need for continued technical assistance and capacity-building efforts.
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South Centre Workshop with Like-Minded Countries on the Protection of Traditional Knowledge and Traditional Cultural Expressions
Date: 11th – 14th February, 2025
Location: Varembé Conference Centre, Geneva
Time: 1-3 pm
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South Centre Statement to the 49th WIPO IGC Session
2 December 2024
We support the work by the World Intellectual Property Organization (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) to contribute to a more inclusive and just international intellectual property system and sustainable development.
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Towards a Balanced WIPO Design Law Treaty (DLT) for Developing Countries
By Nirmalya Syam
The WIPO Design Law Treaty (DLT) aims to harmonize and simplify global industrial design registration procedures, encourage digital applications and reduce costs. While the reforms required by the DLT could boost efficiency, they will mainly benefit enterprises from developed countries with resources to secure global design rights. This policy brief highlights the key concerns for developing countries, particularly the treaty’s potential impacts on small and medium-sized enterprises (SMEs) and indigenous communities. It advocates for critical adjustments in the DLT negotiation texts to allow for policy space in the DLT – binding technical assistance, flexible grace periods, enabling disclosure of the origin and source of traditional knowledge and traditional cultural expressions used in designs that are sought to be registered, and optional divisional and electronic filing provisions.
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