Global Design Reform: How the New Design Law Treaty Could Simplify Protection for Australian Designers

Designs are the silent ambassadors of innovation. Whether it is a piece of furniture, a handbag, or a smart home device, the visual appeal of a product can define its success. Yet for Australian designers, protecting that visual identity across borders has long been a frustrating process filled with inconsistent rules and high costs.

The landscape is about to change. The Riyadh Design Law Treaty (RDLT), finalised in 2024 under the World Intellectual Property Organization (WIPO), aims to make international design registration simpler, cheaper and more predictable. This new global framework could mark the most significant shift in design law in decades, and Australian creatives should be paying attention.

What is the Riyadh Design Law Treaty?

The Riyadh Design Law Treaty was adopted by WIPO member states in November 2024. Its goal is to harmonise procedural requirements for registering industrial designs, making it easier for designers to obtain protection in multiple countries through a consistent set of rules.

The treaty focuses on formalities, not on the underlying rules about what makes a design new or distinctive. In practice, it sets out a standardised list of what information and materials a designer must provide when filing an application. This clarity removes a major source of confusion for those seeking protection abroad.

Other key features include:

• A 12-month grace period after public disclosure, allowing designers to exhibit or publish their work before filing without losing eligibility.
• The ability to include multiple designs in one application, reducing the paperwork and costs of filing individual applications.
• The option to submit different types of representations, including drawings, photographs or digital models.
• Relief provisions for missed deadlines or technical errors, protecting applicants from losing rights over minor procedural mistakes.
• The possibility of deferring publication, giving designers time to decide when to make their designs public.

The treaty will come into force once at least fifteen countries ratify it, and the expectation is that this will happen within the next few years. Australia has not yet indicated that it will ratify the treaty and IP Australia has said that the next step for Australia is consideration by the Australian Government on whether joining is in Australia’s national interest.

Streamlined international formalities

Under the current system, Australian designers face a maze of rules when trying to register their work overseas. Each country has different application requirements, forms and deadlines. Missing one detail can delay or derail an entire filing.

The Riyadh Treaty introduces a single set of standardised formalities that all participating countries must follow. This means Australian designers will be able to file abroad with far greater confidence that their application will meet each country’s requirements.

Equally important is the treaty’s alignment with the digital age. It encourages national offices to accept electronic submissions and digital design files, making it easier for designers to file online from anywhere. For creative professionals used to working with 3D renderings, video prototypes, or virtual reality visualisations, this update is long overdue.

A boost for Australia’s creative industries

The sectors likely to benefit most from this reform are the ones where visual design is central to commercial value. Furniture makers, fashion houses, consumer electronics brands and industrial designers all rely heavily on aesthetics to set their products apart.

Small and medium-sized enterprises (SMEs) stand to gain the most. For years, the cost and complexity of international filings have been barriers to entry for smaller firms. With the Riyadh Treaty streamlining formalities, it should become easier and more affordable for Australian creators to protect their products overseas.

The design economy in Australia is already significant. According to IP Australia’s latest figures, more than 7,000 design applications are filed each year, and creative industries contribute more than $111 billion to the national economy. A more accessible global system could amplify that impact by helping Australian designs reach wider markets with proper legal safeguards.

Further domestic implications

Although Australia has not yet ratified the Riyadh Treaty, it is expected that the government will consider doing so in the coming years. If adopted, local legislation and procedures will need to be updated to align with the treaty’s framework.

Changes may include:

• Adjustments to the Designs Act 2003 to reflect the new international standards.
• Modernisation of IP Australia’s filing systems to handle digital submissions and multiple designs in a single application.
• Updates to examination and publication rules, particularly around the new grace period and deferral options.
• Potential consultation with Indigenous communities to ensure that protections for traditional designs and cultural expressions are respected.

Australia has historically been proactive in adopting international IP reforms. Ratifying the Riyadh Treaty would be a logical next step to support Australian designers in global markets.

Challenges still remain

While the treaty promises simplification, it will not solve every problem. The RDLT standardises procedures, but it does not change substantive design law. Each country will still determine what qualifies as a design and what level of originality is required.

Some countries may also choose to opt out of certain treaty provisions, creating variations in implementation. Designers will still need expert advice to navigate overlapping jurisdictions and understand which rights apply where.

There is also the question of timing. Even after ratification, it may take several years for countries to update their domestic laws and digital systems. During that period, businesses will need to manage both old and new filing processes.

How IP Guardian can help

At IP Guardian, we work with Australian designers, brands and manufacturers to protect their visual assets both locally and internationally. Our attorneys understand the nuances of design registration and how upcoming reforms like the Riyadh Treaty will reshape the landscape.

Our expertise covers:

• Strategic design filing: We identify where and when to register designs for maximum commercial value and cost-efficiency.
• International protection: We coordinate international design filings and emerging frameworks like the RDLT to ensure global coverage.
• Portfolio management: We help clients maintain, renew and expand their design rights as their product lines grow.
• Dispute resolution: We represent clients in opposition, enforcement and infringement matters, protecting their rights when copied or misused.
• Education and planning: We provide briefings and training for businesses preparing for Australia’s likely adoption of the new treaty.

By staying ahead of international changes, IP Guardian positions its clients to benefit from new opportunities as soon as they arise.

Getting ready for what’s next

The Riyadh Design Law Treaty represents an important step toward a more coherent global design system. For Australia, it could reduce red tape, lower costs and strengthen the competitiveness of local design industries.

In the short term, designers should focus on understanding their current protections and building robust filing strategies that can transition smoothly into the new regime. Over time, as Australia and other nations implement the treaty, cross-border design protection should become more efficient, transparent and accessible than ever before.

The ability to protect visual innovation globally is vital for a country like Australia, where creativity and design excellence are key export strengths. The Riyadh Design Law Treaty promises to make that process easier and fairer.

As the world moves toward harmonised design systems, working with experienced advisors will be essential. IP Guardian is ready to help Australian designers understand what the treaty means for them and how to take full advantage of these global reforms.

To learn more or to discuss your design strategy, let’s chat.

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Mike Biagio

Mike Biagio has had previous experience in research and development and project engineering before becoming a patent attorney. Mike has been involved in specialist intellectual property law since 2001 in a variety of countries including South Africa, New Zealand and Australia, and has more than 21 years of experience as a patent attorney in obtaining patents and designs around the world for his clients.

Mike has been a lecturer and regular mentor at UNSW, University of Wollongong, and University of Sydney for a number of years, and has advised start-ups at incubators/accelerators on intellectual property and ideation.