DPIIT Proposes Amendments to
Designs Act, 2000; Seeks Alignment with Global Design Protection Regimes
Ø
Design Law Reforms to Advance “Design in
India, Design for the World” Vision
·
The Department
for Promotion of Industry and Internal Trade (DPIIT) has
released a Concept Note
proposing amendments to the Designs
Act, 2000 to modernise India’s design protection framework.
·
The proposals aim to align India’s design law with international best practices
and support the vision of “Design
in India, Design for the World.”
·
The Concept Note also proposes India’s accession to the Riyadh Design
Law Treaty (DLT) and the Hague
Agreement Concerning the International Registration of Industrial Designs.
·
The reforms are intended to keep the law relevant in a
rapidly evolving landscape marked by digital
innovation, virtual products and immersive consumer experiences.
·
A key proposal is to extend
design protection to virtual designs by amending the
definitions of “article”
and “design.”
·
Introduction of a full
12-month grace period for disclosures prior to filing of design
applications is proposed.
·
The Concept Note suggests allowing deferred publication of designs for up
to 30 months, offering greater strategic flexibility to
applicants.
·
It proposes timeline
relief provisions, in line with the Designs Law Treaty, to
ease procedural compliance.
·
The introduction of statutory
damages is suggested to strengthen enforcement and deterrence
against infringement.
·
A revision
of the term of design protection has been proposed to better
reflect global norms.
·
The Concept Note recommends enabling multiple designs to be filed in a single
application, improving efficiency and reducing costs.
·
It also proposes an option
for division of applications, allowing applicants to split
filings where required.
·
Additional miscellaneous amendments are suggested to ensure
consistency with the DLT
and the Hague Agreement.
·
DPIIT has invited
comments and suggestions from stakeholders on the proposed
reforms to aid further consultation and detailed formulation of amendments.
The
Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of
Commerce & Industry, has released a Concept Note proposing amendments to
the Designs Act, 2000, with the objective of modernising India’s design
protection framework and aligning it with international best practices. The
Concept Note also proposes India’s accession to the Riyadh Design Law Treaty
(DLT) and the Hague Agreement Concerning the International Registration of
Industrial Designs (Hague Agreement).
In
line with the Prime Minister’s vision of “Design in India, Design for the
World”, the proposed amendments seek to ensure that India’s design law remains
relevant in an evolving landscape characterised by digital innovation, virtual
products and immersive consumer experiences.
Key
proposals outlined in the Concept Note include:
·
Extending
design protection to virtual designs by making material changes to the
definition of ‘article’ and ‘design’.
·
Introduction
of full grace period of 12 months
·
Introduction
of the option for deferring publication of design for up-to 30 months.
·
Introduction
of timeline relief provision in alignment with Designs Law Treaty.
·
Statutory
Damages.
·
Revision
to term of protection.
·
Introduction
of multiple designs filings (in a single application).
·
Option
for division of applications
·
Other
miscellaneous changes aligning with DLT and Hague Agreement
The
Concept Note provides a broad overview of the proposed amendments. DPIIT has
invited comments and suggestions from stakeholders on the proposals contained
therein to facilitate further deliberations and detailed development of the
amendments.
The
Concept Note is available on the official website of DPIIT for public
consultation and can be accessed through https://www.dpiit.gov.in/static/uploads/2026/01/791a71ebde47d93b67560f7394be2fec.pdf