In January 22026, the Department for Promotion of Industry and Internal Trade (‘DPIIT’) notified a concept note proposing amendments to the Designs Act, 2000.
Background:
According to the World Intellectual Property Organization (‘WIPO’) World Intellectual Property Indicators Report of 2025, an estimated 1.22 million design applications were filed worldwide in the year 2024.
India saw a major surge in design activity with 12,160 filings, up by 43.2%, making it the fastest growing design office globally and raising its rank from 11th to 7th. This growth was driven largely by domestic applicants (about 90%), reflecting the rise of manufacturing, startups/MSMEs, and design intensive sectors supported by initiatives like Make in India and Startup India.
Need for change:
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In 2024, India endorsed the Final Act of the Riyadh Design Law Treaty (‘DLT’), aiming to simplify the design registration process by cutting down paperwork and easing procedural steps to improve business convenience.
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India is also considering joining Hague Agreement Concerning the International Registration of Industrial Designs, Geneva Act of 1999 (“Hague Agreement”). This will allow designers to obtain protection across multiple countries through a single international filing, reducing both costs and administrative effort while giving foreign applicants the option to include India in their global filings.
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With these international alignments in view, DPIIT has begun internal reviews and industry consultations to evaluate how the Designs Act, 2000 should be updated to meet global standards and address stakeholder needs.
Advancing with the vision “Design in India, Design for the World”, the objective is to make India a hub of original designs and creativity.
Key proposals for amendment to the Act:
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Virtual Designs Protection
Extending design protection to virtual designs by making material changes to the definition of ‘article’ and ‘design’. This protection clearly covers Graphical user interfaces (‘GUIs’), icons, animations, transitions, AR/VR interfaces, typefaces, and other nonphysical designs, decoupling eligibility from a tangible carrier and aligning the Act with digital first innovation.
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Design-Copyright Interface
The overlap between design and copyright laws has long caused confusion and litigation, especially for works that could be registered as designs but remain unregistered. Under current rules, copyright ends once such a design is reproduced more than fifty times through an industrial process. To reduce ambiguity, it is proposed to amend Section 15(2) of the Copyright Act to allow limited copyright protection for registrable but unregistered designs, capped at 15 years. This approach aligns protection with the commercial life of designs while preventing overly long copyright monopolies on material better governed by design law.
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Full Grace Period
A 12-month full grace period is proposed to replace India’s narrow 6-month exhibition-only rule, ensuring disclosures through modern channels like online launches or investor demos do not destroy novelty. This broader window aligns India with global practice and helps creators, especially startups and MSMEs, who may unintentionally reveal designs before filing. It lowers early compliance pressure by letting businesses test market response before incurring registration costs. Overall, it balances commercial realities with novelty requirements while making design protection more accessible.
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Deferment of Publication
A deferred publication system is proposed to let applicants keep their designs confidential until launch, preventing early exposure that can compromise strategy or enable copying. Allowing publication to be delayed, potentially up to 30 months, would support industries with long development cycles and align India with global standards like the Hague system. This option enhances confidentiality, reduces piracy risks, and enables more strategic, market-aligned filing decisions.
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Statutory Damages
Statutory damages are proposed to strengthen enforcement by providing meaningful, predictable compensation in cases where proving actual loss is difficult, with courts empowered to award amounts up to ₹50 lakh for wilful infringement. This aims to deter infringers, enhance legal certainty, and introduce higher penalty ranges for repeat offenders.
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Term of Protection
The proposed “5+5+5” structure would replace the current 10-year term plus a single 5-year renewal by granting protection in three renewable 5-year blocks. This ensures designs remain protected only as long as they retain commercial relevance, while allowing outdated designs to enter the public domain sooner. The staged approach promotes innovation, reduces unnecessary monopolies, and maintains a healthier competitive landscape.
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Multiple Designs in single application
Allowing multiple designs from the same class to be filed in a single application would cut costs, reduce paperwork, and streamline examination, especially helpful for products with several design variants. This aligns India with international systems like the EU, UK, and the Hague framework, making portfolio management easier for both domestic and foreign applicants.
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Division of Applications
Introducing divisional applications would let applicants split a pending filing into separate ones when multiple designs or objections arise, ensuring one problematic design doesn’t jeopardize the rest. This added flexibility aligns India with global best practices and helps designers manage complex filings while safeguarding valid design rights.
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Introduction of a Chapter on International registrations under Hague
The proposal to join the Hague System would allow designers to secure protection in multiple countries through a single WIPO application, greatly simplifying global filings. This integration would boost India’s participation in international design markets and make it easier for both Indian and foreign designers to protect their creations across borders.
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Accession to Riyadh Design Law Treaty
Joining the DLT would modernize India’s design procedures by enabling multi-design filings, offering a broad 12-month grace period, allowing deferred publication, and providing relief for missed deadlines. These measures help prevent the loss of rights due to minor procedural errors and create a more flexible, accessible, and business-friendly design protection system, especially for startups and MSMEs.