New Delhi: In a bid to modernise India’s intellectual property framework, the Department for Promotion of Industry and Internal Trade (DPIIT) has released a concept note proposing amendments to the Designs Act, 2000, seeking to align domestic design law with global best practices and emerging digital realities.
The proposed reforms come amid rapid changes in product development and consumer experience, marked by the rise of virtual designs, digital interfaces and immersive products. The commerce ministry said the changes are aimed at ensuring India’s design protection regime remains relevant and globally competitive, in line with the Prime Minister’s vision of “Design in India, Design for the World”.
A key proposal involves extending design protection to virtual designs by amending the definitions of “article” and “design” under the law. This would allow creators of digital-only products and virtual assets to seek statutory design protection — a move seen as critical for sectors such as gaming, fintech, fashion tech and consumer electronics.
The concept note also proposes the introduction of a full 12-month grace period, allowing designers to disclose their work publicly without immediately losing novelty protection. Additionally, DPIIT has suggested an option to defer publication of registered designs for up to 30 months, offering applicants greater flexibility in managing commercial strategies.
Among other significant changes are proposals for statutory damages, revisions to the term of design protection, and the introduction of multiple design filings through a single application, along with provisions for division of applications. The ministry has also proposed timeline relief measures to bring Indian law in line with international norms.
On the global front, the government is considering India’s accession to the Riyadh Design Law Treaty (DLT) and the Hague Agreement concerning the international registration of industrial designs. Accession to these treaties would enable Indian designers to seek design protection across multiple jurisdictions through simplified international filings, potentially lowering costs and improving global market access.
The DPIIT has invited stakeholder comments and suggestions on the concept note, signalling that the proposals are at a consultative stage and will undergo further refinement before being formalised into legislative amendments.