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India Proposes Design Law Overhaul for Digital Age, Global Alignment

The Indian government has released a concept note proposing significant amendments to the Designs Act, 2000, to modernize the country's design protection framework. Key proposals include protecting virtual designs, introducing a grace period, and aligning with international treaties like the Riyadh Design Law Treaty and the Hague Agreement. The changes aim to support digital innovation and empower startups and SMEs to secure global design rights. DPIIT has invited stakeholder feedback to further develop these amendments.

Key Points: India's Designs Act Amendments: Virtual Designs, Global Treaties

  • Protection for virtual designs & digital innovation
  • 12-month grace period & deferred publication
  • Accession to Riyadh & Hague treaties
  • Statutory damages for infringement
  • Support for startups & SMEs
2 min read

DPIIT proposes amendments to align India's Designs Act with global best practices

India's DPIIT proposes key amendments to the Designs Act, including protection for virtual designs and accession to global treaties like the Hague Agreement.

"Revision to term of protection, introduction of multiple designs filings... and other miscellaneous changes - Ministry of Commerce & Industry"

New Delhi, Jan 29

The government has released a Concept Note proposing amendments to the Designs Act, 2000, to modernise India's design protection framework and align it with international best practices, an official statement said on Thursday.

The Concept Note released by Department for Promotion of Industry and Internal Trade (DPIIT) proposed 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 Prime Minister Narendra Modi's vision of 'Design in India, Design for the World', the proposed amendments aim to ensure that India's design law remains relevant in an evolving landscape characterised by digital innovation, virtual products and immersive consumer experiences, according to a statement from the Ministry of Commerce & Industry.

Major proposals included protection for virtual designs, a 12‑month full grace period, deferred publication of design for up to 30 months.

Introduction of timeline relief provision in alignment with Designs Law Treaty and provision for statutory damages for infringement were other key changes.

"Revision to term of protection, introduction of multiple designs filings (in a single application) and option for division of applications," along with other miscellaneous changes aligning with DLT and Hague Agreement were also listed by the ministry.

DPIIT has invited comments and suggestions from stakeholders on the proposals contained therein to facilitate further deliberations and detailed development of the amendments.

India had in 2024 signed the final act of the Riyadh Design Law Treaty (DLT), reaffirming its commitment to fostering inclusive growth and ensuring equitable access to intellectual property protection.

The DLT introduced several key provisions aimed at benefiting design applicants, including relaxed time limits, the reinstatement of lost rights, the option to correct or add priority claims and simplified procedures for recording assignments and licenses.

When combined with initiatives like the Startup India programme and the Startups Intellectual Property Protection (SIPP) scheme, these provisions will help empower startups and SMEs to secure design rights globally, boosting their competitiveness and supporting market growth.

- IANS

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Reader Comments

P
Priya S
Aligning with Hague and DLT is crucial for our MSMEs to compete globally. The provision for statutory damages for infringement is long overdue. Hope the implementation is smooth and doesn't get bogged down in procedural delays.
R
Rohit P
Good move on paper. But my concern is about awareness. How many small artisans and designers in tier-2/3 cities even know about these laws? The government must run massive awareness campaigns in regional languages alongside these legal changes.
S
Sarah B
The deferred publication for up to 30 months is a smart feature. It gives companies, especially in fast-moving consumer goods, the strategic advantage to time their market entry without tipping off competitors. This brings us in line with global best practices.
V
Vikram M
While I welcome the modernization, I hope the fees for multiple design filings in a single application are kept reasonable for individual creators and small studios. Sometimes these international treaties make procedures easier but more expensive.
K
Karthik V
Protecting virtual designs is essential for our growing gaming and AR/VR industry. Combined with the Startup India scheme, this can truly boost innovation. Hope the patent office has the digital infrastructure to handle these new categories efficiently.

We welcome thoughtful discussions from our readers. Please keep comments respectful and on-topic.

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