Proposed Amendments To Designs Act, 2000: Modernizing India’s Intellectual Property Framework
SDG 9: Industry, Innovation and Infrastructure | SDG 8: Decent Work and Economic Growth | SDG 17: Partnerships for the Goals
Department for Promotion of Industry and Internal Trade (DPIIT) | Ministry of Commerce & Industry
The Department for Promotion of Industry and Internal Trade (DPIIT) has released a concept note proposing comprehensive amendments to the Designs Act, 2000. This reform aims to align India’s legal framework with contemporary technological realities and international standards, following a record 43.2% increase in design filings in 2024. The proposal supports the Hon’ble Prime Minister’s vision of “Design in India, Design for the World” by incentivizing domestic creativity and positioning India as a global hub for original designs.
Extending Protection to Virtual and Digital Environments
Recognizing that innovation is now predominantly digital, the proposed amendments seek to decouple design protection from physical embodiment.
Virtual Designs: The definitions of ‘article’ and ‘design’ are proposed to be broadened to expressly cover Graphical User Interfaces (GUIs), icons, animated characters, and augmented reality elements.
Dynamic Elements: Protection will extend beyond static features to include animation, movement, and transitions, ensuring the law remains technologically neutral and responsive to the Metaverse era.
Enhanced Flexibility and Global Integration
The concept note outlines several procedural shifts to foster ease of doing business and international alignment:
International Treaties: India proposes to accede to the Riyadh Design Law Treaty (DLT) and the Hague Agreement, enabling businesses to secure protection in multiple countries through a single international application.
Grace Period and Deferment: The introduction of a 12-month full grace period for disclosures and an option to defer publication for up to 30 months will allow startups and MSMEs to test market response and maintain commercial secrecy before full disclosure.
Revised Term and Filings: A “5+5+5” term of protection is proposed alongside the ability to file multiple designs in a single application, reducing administrative costs and burdens for applicants.
What is the “Hague System” and its benefit to Indian designers? The Hague System for the International Registration of Industrial Designs allows an applicant to secure protection for their designs in up to 100 economies by filing a single international application with World Intellectual Property Organization (WIPO) in one language and paying one set of fees. For Indian businesses, especially MSMEs and export-oriented sectors, this eliminates the need to navigate diverse national procedures and pay multiple local agents, significantly reducing the cost and complexity of global IP management.
Policy Relevance
The proposed overhaul marks a transition from a physically-anchored IP regime to one that prioritizes digital aesthetics and global competitiveness.
Startup Ecosystem Support: Provisions like divisional applications and time relief for missed deadlines prevent minor procedural lapses from resulting in an irreversible loss of valuable rights for first-time entrepreneurs.
Reconciling Legal Statutes: Amending the design-copyright interface (restricting unregistered design copyright to 15 years) provides much-needed legal certainty and reduces frequent litigation over industrial works.
Economic Deterrence: The introduction of statutory damages up to ₹50 lakhs for willful infringement strengthens enforcement mechanisms in a landscape currently lacking criminal remedies.
Relevant Question for Policy Stakeholders: How can DPIIT ensure that the transition to protecting virtual designs is accompanied by specialized training for examiners to handle the complexities of dynamic and animated design assessments?
Follow the full news here: PROPOSED AMENDMENT TO THE DESIGNS ACT, 2000