World of opportunity for designers

They say first impressions last forever. There’s no intellectual property (IP) that takes this statement more seriously than designs. Product design can be a deciding factor for market success, luring a consumer to pick that certain product above a sea of homogenous goods. Thus, design becomes a competitive advantage, counting as an IP asset that boosts a company’s portfolio and value.

The consumer’s choice of design may be due to its functionality or aesthetic. But where aesthetics are concerned, industrial designs or ID, particularly novel ones, come into play as functional characteristics are protected by either patents or utility models instead. Moreover, designs that constitute artistic expressions may be protected as copyright.

What could be protected in designs are the three-dimensional features (shape or surface of an article) or the two-dimensional features (patterns or lines of color), making handicrafts, furniture, jewelry, vehicles, appliances, packaging some of the common subjects for ID protection.

Through the IP system, designers enjoy exclusive rights and legal remedies to prevent others from copying and commercially exploiting their design without consent. Designers can also sell or license their exclusive rights, providing an additional income stream.

In a World IP Organization (WIPO) report that assessed the use of IDs in ASEAN countries, it was found that design innovators assign considerable value to their ID rights, ranging from $30,000 to $100,000. Aside from individual business growth, the report found that around 22 percent of ID users engaged in export, showing that design innovation can help companies break into foreign markets.

This strengthens the case for an improved international IP system that addresses the “real risks” of imitation, which design innovators fear could result in high financial losses.

WIPO Director General Daren Tang has said that in the IP family, ID is the most forgotten member, leaving designers to face the continued threat of infringement. But the world makes a different statement today not just to remember ID but to celebrate its impact as we meet in Riyadh, Saudi Arabia.

The Philippines joined this Diplomatic Conference which started last week to conclude nearly two decades of negotiations on the Design Law Treaty (DLT). The presence of IPOPHL here shows how we are again going above and beyond, this time taking not just a national but also an active international role in shaping the global IP system, in building an order where the creativity of Filipinos can be known and celebrated the world over.

At present, procedures for design application vary from country to country. This poses challenges for those wanting to scale up globally.

The DLT could usher in a global regime of a friendly, cost-efficient design application process. The treaty will help realize this by allowing multiple designs per filing and giving designers the flexibility to showcase their works in various formats, whether in photos, drawings or videos. The DLT also introduces a 6–12 month grace period for disclosures, ensuring missed deadlines don’t jeopardize the application, and makes renewals more efficient.

Through the IP system, designers enjoy exclusive rights and legal remedies to prevent others from copying and commercially exploiting their design without consent.

This new order will surely bring world markets within the grasp of our Filipino designers.

In IPOPHL, local designers are active in protecting their designs with more than half of ID filings in 2023 drawn from local filers.

The DLT also comes at a time when Filipino designers are gaining global recognition. Through our different feature series, IPOPHL has told the inspiring story of JunkNot! founder and environmental advocate Wilhelmina Garcia who is turning waste into furniture. We’ve shared the story of Stanley Ruiz who is using natural materials for fixtures. Both are gaining global attention with their ingenuity and positive impact on the environment and communities.

We are optimistic the DLT will pass as WIPO member states are united in designing a world of opportunities for designers.

The DLT could mean having more Filipino designs across the world, whether in commercial spaces or in the comfort of homes. Some designs may amuse a curious observer with a show of the strength and beauty of our local materials. Some designs may have curves, edges and intricate details that may tell the complex and riveting story of our creative culture.

But one thing's for sure: Filipino designs will undoubtedly make a good first impression that will last forever.