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Date: 11-Oct-2024 Category: Not Applicable State: Union Government Country: Europe

Council Decision (EU) 2024/2685 of 26 September 2024 authorising the opening of negotiations, on behalf of the European Union, within the World Intellectual Property Organization for the Design Law Treaty

Issued by Council of the European Union · Not Applicable

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Executive Summary & Key Takeaways

What it means

  • Council Decision (EU) 2024/2685 authorizes the European Commission to open negotiations on behalf of the European Union within the World Intellectual Property Organization (WIPO) for the Design Law Treaty.
  • The Design Law Treaty aims to harmonize certain industrial design application procedures and formalities internationally.

Key Changes

  • The European Commission is authorized to negotiate the Design Law Treaty within WIPO.
  • The Diplomatic Conference for the Design Law Treaty is scheduled for November 11-22, 2024.
  • The objective is to make the international registration of designs easier and more predictable.
  • The negotiations will be conducted based on the negotiating directives of the Council.
  • The Working Party on Intellectual Property is designated as the special committee to consult with the Commission during negotiations.

Impact Analysis

Stakeholders: Creative Industries and Industrial Designers

  • Action Items: Monitor the progress of the negotiations and provide feedback to the European Commission through relevant industry associations or channels to ensure their interests are considered.

Stakeholders: European Union

  • Action Items: The European Commission, in consultation with the Working Party on Intellectual Property, should actively participate in the negotiations to ensure the Design Law Treaty aligns with the EU's interests and legal framework. Regularly report to the Council on the conduct and the outcome of the negotiations.

Stakeholders: World Intellectual Property Organization (WIPO)

  • Action Items: WIPO should facilitate the Diplomatic Conference and provide necessary support to the negotiating parties to ensure a successful outcome.

Stakeholders: Member States of the European Union

  • Action Items: Member States should stay informed about the progress of the negotiations and provide input to the Council and the European Commission as needed.

Key Entities Referenced

European Commission: The executive branch of the European Union, responsible for conducting the negotiations on behalf of the Union. World Intellectual Property Organization (WIPO): A global forum for intellectual property services, policy, information and cooperation. Design Law Treaty: A proposed international treaty aimed at harmonizing certain industrial design application procedures and formalities. Council of the European Union: A body representing the governments of the EU member states. Working Party on Intellectual Property: A special committee designated to consult with the European Commission during the negotiations. Treaty on the Functioning of the European Union: The legal basis for the EU's actions, including international negotiations.
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Official Journal EN of the European Union L series 2024/2685 11.10.2024 COUNCIL DECISION (EU) 2024/2685 of 26 September 2024 authorising the opening of negotiations, on behalf of the European Union, within the World Intellectual Property Organization for the Design Law Treaty THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 114 and 118, in conjunction with Article 218(3) and (4), thereof, Having regard to the recommendation from the European Commission, Whereas: (1) Efforts to harmonise at international level certain procedural aspects regarding industrial design applications have been ongoing under the auspices of the World Intellectual Property Organization (WIPO) since 2005. (2) In 2022, the WIPO General Assembly decided to convene a Diplomatic Conference to conclude and adopt a Design Law Treaty (‘the Diplomatic Conference’) to take place by 2024. (3) The Diplomatic Conference is scheduled to take place between 11 and 22 November 2024. (4) The objective of the Design Law Treaty is to harmonise certain industrial design application procedures and formalities for the benefit of creative industries and industrial designers by making the international registration of designs easier and more predictable. (5) The Union should participate in the negotiations on the Design Law Treaty, HAS ADOPTED THIS DECISION: Article 1 1. The Commission is hereby authorised to open negotiations, on behalf of the Union, within the World Intellectual Property Organization for the Design Law Treaty. 2. The negotiations shall be conducted on the basis of the negotiating directives of the Council set out in the addendum to this Decision. Those directives may be revised and further developed, as appropriate, depending on the evolution of the negotiations. Article 2 1. The negotiations shall be conducted in consultation with the Working Party on Intellectual Property, which is hereby designated as the special committee within the meaning of Article 218(4) of the Treaty on the Functioning of the European Union. 2. The Commission shall regularly report to the special committee referred to in paragraph 1 on the steps undertaken pursuant to this Decision and consult it on a regular basis. 3. Whenever requested by the Council, the Commission shall report to the Council on the conduct and the outcome of the negotiations, including in writing. Article 3 This Decision is addressed to the Commission. Done at Brussels, 26 September 2024. For the Council The President LÓGA M. ELI: http://data.europa.eu/eli/dec/2024/2685/oj 1/1

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