The new WIPO design rights treaty is intended to massively simplify the international registration of designs. For Swiss companies, this means less bureaucracy, more harmonised standards and better opportunities on global markets. The new system can be a real game changer, especially for export-orientated SMEs.
Federal Council gives the green light for the design rights treaty
On 13 June 2025, the Federal Council approved Switzerland’s accession to the Design Law Treaty (DLT). The international agreement was adopted by the member states of the World Intellectual Property Organisation (WIPO) at the Diplomatic Conference in Riyadh in November 2024. The DLT creates a new framework under international law that standardises the formal requirements for design applications internationally. The aim is to create a coherent, legally secure and efficient system that makes it easier for companies with cross-border activities in particular to protect their designs.
The DLT joins a series of WIPO treaties that already fulfil similar functions in patent and trademark law: the Patent Law Treaty (PLT) of 2000 and the Trademark Law Treaty (TLT) of 1994. While these areas of law already have internationally harmonised procedural standards, design law has been largely fragmented to date. The DLT closes this gap and creates an important building block for the international protection architecture of intellectual property rights.
Contents and legal system of the DLT
The Design Law Treaty defines precisely which formal requirements an international design application must fulfil. It places particular emphasis on
- Identification of the applicant: The identity information must be unambiguous, clear and verifiable.
- Representation of the design: The visual representation of the object to be protected – e.g. by means of illustrations, photographs or technical drawings – is central to the scope of protection.
- Optional description: Where necessary to explain the design, a description can be added.
- Assignment of a filing date: The DLT clearly regulates the conditions under which an application is considered complete and thus receives a “filing date”. This date is decisive for novelty and priority claims. This creates a clear advantage, particularly in markets with “first-to-file” systems, and reduces the risk of loss of rights.
In addition, there is the option of publishing a design at a later date – a clause that particularly favours innovation-driven companies that do not want to disclose their market strategy immediately. Such mechanisms are already known in many national systems, but will be standardised internationally through the DLT.
Structurally, the DLT is modelled on its predecessors, the PLT and TLT: it is a purely procedural treaty that deliberately excludes substantive issues – such as the conditions for protection or the scope of protection. The sovereignty of the contracting states is thus preserved. It also contains provisions on digitisation and electronic filing, which facilitate access to the protection system.
Standardised procedures as a competitive advantage
In practice, the DLT represents significant progress. The standardisation of application procedures reduces administrative hurdles and lowers transaction costs for companies. The most important advantages can be summarised as follows:
- Legal and planning certainty: companies operating in multiple jurisdictions benefit from clear, predictable procedures. This not only simplifies internal processes and co-operation with external consultants, but also creates consistent protection strategies across national borders. It also makes it easier to call in external law firms abroad, as standardised requirements can be more quickly understood.
- Efficiency and cost reduction: Standardised requirements mean less effort for translations, formal checks or subsequent additions. This not only saves time, but also costs, especially in the early phase of a product life cycle.
- Accelerated market launch: The possibility of a parallel, formally harmonised application in several countries means that the need for protection can be better coordinated with innovation and sales cycles.
- Consideration of cultural dimensions: The DLT opens up scope for taking cultural aspects into account during implementation – for example, through protection mechanisms for traditional knowledge or indigenous design elements. This aspect can be strategically relevant for Swiss companies that work with international partners, NGOs or in development projects. This contributes to a more inclusive legal practice and strengthens the visibility of designers from previously underrepresented regions.
Implementation in Switzerland
Switzerland can implement the DLT without the need for a revision of the law. The formal provisions of the treaty can be reflected in the existing legal framework – in particular in the Design Act (DesG) and the Design Ordinance (DesV). The Federal Council has instructed the Federal Department of Justice and Police (FDJP) to prepare a consultation draft by the end of 2026. The consultation draft planned for the end of 2026 offers stakeholders the opportunity to contribute their perspectives at an early stage – in particular industry associations, designers and IP experts. As accession is subject to an optional referendum, a political discussion at national level is possible and likely.
Switzerland is thus once again positioning itself as an innovation-friendly and internationally well-connected business centre. For SMEs, start-ups and companies with a global focus in particular, the DLT offers the opportunity to design protection strategies that are more efficient and minimise risk. However, existing protection strategies need to be evaluated at an early stage and harmonised with the new mechanisms.
Recommendations for companies
Before the DLT comes into force, it is advisable to check the following points:
- Analyse your design portfolio: Which products or design elements are internationally relevant? Where are there gaps in protection?
- Review procedural processes: Can application processes be optimised through standardisation? Which departments are affected (e.g. Legal, IP, Product Management)?
- Ensure early information: Training and awareness-raising measures help to build internal expertise and avoid legal surprises when launching internationally. External consultants (e.g. law firms or IP service providers) should also be involved in good time in order to adapt existing processes.
Conclusion and outlook
The Design Law Treaty marks a milestone in the international harmonisation of intellectual property protection. For Switzerland, it offers the opportunity to reduce legal complexity and at the same time strengthen innovation protection in a targeted manner. The treaty promotes transparency, efficiency and cultural openness – aspects that are central to shaping a sustainable legal system. With the DLT, international design law finally has a modern, standardised foundation. Companies now need to make active use of this progress – strategically, organisationally and operationally. The DLT offers the opportunity to link innovation protection with international trade mark and design strategy in a targeted manner. Companies that react early can secure clear competitive advantages.
Sources