1. Introduction

In November 2024, at a diplomatic conference held in Riyadh, Saudi Arabia, the "Riyadh Design Law Treaty (RDLT)" was adopted as a new international framework.

Established after a long negotiation period of 20 years, this treaty represents the "final piece of the puzzle" in the world of intellectual property, following the Patent Law Treaty (PLT) and the Singapore Treaty on the Law of Trademarks (STLT). With this, an international foundation to promote the harmonization and simplification of procedures across all major fields of industrial property rights is now in place. On March 13, 2026, Albania became the first country in the world to deposit its instrument of ratification, becoming the historic "first contracting party." The treaty will enter into force three months after ratification or accession by 15 countries or intergovernmental organizations.

Japan is expected to join the treaty following the preparation of domestic legislation. This report explains the main provisions of the treaty, Japan's contributions during international negotiations, and the amendments to domestic law required for accession.

 

2. Summary of Main Provisions

(1) Harmonization of Requirements for Filing Date Accordance (Articles 4, 6, etc.)

Determining the "filing date" is extremely important in the protection of design rights. The treaty eliminates the risk of applicants unfairly losing rights by establishing global standards. In principle, a filing date will be granted if the following four requirements are met:

• Indication of Intent: An indication that the registration of a design is sought.
• Identification of the Applicant: Name or other identification.
• Clear Representation of the Design: Drawings, photographs, etc.
• Contact Information: An address for notifications.

(2) Unification of the Grace Period (Exceptions to Loss of Novelty) (Article 7)

The period for seeking relief is set at "12 months from the priority date (or filing date)." Standards that previously varied by country (e.g., 6 months or 12 months) will be unified to 12 months, which is most favorable to applicants.

(3) Non-publication of Designs (Secret Design System) (Article 10)

This provision addresses the need to keep a design confidential until the product launch date.

• Period: At least 6 months from the filing date.
• Adoption of Japan's Proposal: While there was initially a proposal for "6 months from the priority date," Japan negotiated persistently to secure the "calculation from the filing date" to ensure sufficient time remains when filing in a second country.

(4) Mandatory Procedural Relief Measures (Articles 14–16)

To prevent the loss of rights due to unintended errors, contracting parties are required to implement the following measures:

• Extension of Time Limits (Article 14): Introduction of at least a one-month extension for procedural time limits designated by the Office.
• Reinstatement of Rights (Article 15): Even if a right expires after a deadline, it can be reinstated if it is recognized that "due care was exercised" or the delay was "unintentional."
• Correction or Addition of Priority Claims (Article 16): It becomes possible to correct or add a priority claim that was omitted or contained errors.

 

3. Conflicts and Compromises at the Diplomatic Conference (North-South Issues and Examination Systems)

The design field includes the "Substantive Examination System" (e.g., Japan and the U.S.) and the "Non-examination System" (e.g., EU and China). This difference in design complicated negotiations. While items prioritized by developed nations were generally made mandatory (shall), Article 31 (Reservation Clause) was established to accommodate developing nations that lack a developed institutional foundation. Consequently, the application of the following five items may be reserved for the time being:

• Exceptions to mandatory appointment of a representative (Article 5(2)(b))
• Grace Period (Article 7)
• Maintenance of non-publication (Article 10(1))
• Restoration of priority rights (Article 16(2))
• Elimination of requirements for recording licenses (Article 19(2))

 

4. The "Seven Amendments" Led by Japan

Japan proposed seven amendments—the highest number among participating countries—and succeeded in having all of them adopted.

1. 12-Month Grace Period: Proposed unification to 12 months alongside the U.S. and rejected China’s request for an "exhaustive list of eligible disclosures," maintaining flexible provisions.
2. Calculation Point for Secret Design System: Asserted "calculation from filing date," eliminating international practical disadvantages.
3. Exclusion of Appeal/Review Procedures: Ensured consistency with Japan's administrative procedure system.
4. Bulk Application for Related Designs: Clarified that Japan's unique system would not be restricted under the treaty.
5. Deadline for Submitting Priority Documents: Clarified the deadline during correction procedures.
6. Indication of Fee Payment: Allowed the Office to require applicants to state the method of payment.
7. Exclusion of Priority Correction after Substantive Examination: Prevented confusion on the ground caused by corrections after the conclusion of the examination.

 

5. How the Japanese Design Act Will Change (Future Challenges)

The following major domestic law amendments are analyzed as necessary for Japan to ratify the treaty:

(1) Exceptions to Appointment of a Representative (Article 5)

Currently, overseas residents are not permitted to conduct procedures directly with the JPO for securing a filing date or paying fees without a domestic representative. Since the RDLT allows such direct procedures even for overseas residents, an amendment to domestic law will be required to match this.

(2) Requirements for Filing Date Accordance (Article 6)

Unlike the Patent Act and Trademark Act, the Design Act does not have provisions regarding filing date accordance or measures for when requirements are not met. As Article 6 of the RDLT mandates that the date of submission be recognized as the filing date if the required information is present, and that applicants be given a chance to supplement information if it is not, the Design Act must be amended accordingly.

(3) Grace Period (Article 7)

While Article 4 of the Design Act allows a one-year grace period, it currently uses the filing date as the starting point even when a priority claim is involved, without considering the priority date. The RDLT stipulates that disclosure within 12 months prior to the filing date (or priority date, if applicable) does not destroy novelty or originality. Japan will need to establish a provision in Article 4 of the Design Act to "read the starting point as the priority date" when a priority claim is involved.

(4) New Provisions for Correction/Addition of Priority Claims

The Design Act currently lacks provisions for the correction or addition of priority claims. Since Article 16 of the RDLT allows for such corrections/additions if requirements are met, a new article regarding the "amendment of priority claims" must be added to the Design Act.

 

6. Conclusion

The Riyadh Design Law Treaty (RDLT) will become the "gold standard" for global design protection. The focus will be on which provisions Japan will "reserve" or whether it will accept the treaty in its "full-spec" form upon accession. Furthermore, monitoring the reservation status of other countries will be extremely important for future global IP strategies.