PROPOSED AMENDMENTS TO THE DESIGNS ACT, 2000

CONTACT US

HK Avenue, 19, Swastik Society
Navrangpura
Ahmedabad - 380 009. INDIA
Phone : +91 79 26425258/ 5259
Fax : +91 79 26425262 / 5263
Email : info@hkindia.com
Web : www.HKINDIA.com

2123 , Stanford Avenue
Mountain View, CA 94040
United States of America
Tel. : 1 650 964 1434
Fax : 1 650 964 4857

A MODERN FRAMEWORK FOR DIGITAL AND GLOBAL DESIGN PROTECTION

The Government of India has released a Concept Note (January 2026) proposing significant amendments to the Designs Act, 2000, marking a decisive step towards modernizing India’s design protection regime. These reforms come at a time when India has emerged as the fastest-growing design filing jurisdiction globally, recording a 43.2% increase in design applications in 2024 and entering the world’s top ten design offices. The proposed amendments aim to respond to technological evolution, strengthen enforcement and align Indian law with international best practices.

A foundation stone of the proposal is the extension of design protection to virtual and digital designs, including graphical user interfaces (GUIs), icons, animations and immersive digital environments. By modernizing the definitions of “design” and “article”, the law seeks to move beyond its traditional focus on physical products and recognise the commercial and aesthetic value of screen-based and virtual designs—an important development for technology, software, gaming, fintech and digital services sectors.

The Concept Note also seeks to resolve the long-standing design–copyright overlap by proposing a calibrated amendment to Section 15(2) of the Copyright Act, 1957. While copyright protection may continue for designs that are registrable but unregistered, such protection would be limited to 15 years, thereby preventing extended monopolies over subject matter more appropriately governed by design law and enhancing legal certainty for businesses.

To reflect modern commercial practices, a full 12-month grace period for pre-filing disclosures is proposed, irrespective of the manner of disclosure. This reform is particularly significant for startups, MSMEs and first-time designers, who often disclose designs through online launches, investor presentations or pilot sales before seeking formal protection.

Another key proposal is the introduction of deferred publication of registered designs for up to 30 months, allowing applicants to maintain confidentiality during the pre-launch phase and mitigate the risk of copying. The framework balances private rights with public interest by providing withdrawal options and an innocent infringer defense, limiting damages for acts committed before publication without knowledge of registration.

Enforcement is proposed to be strengthened through the introduction of statutory damages for willful infringement, with courts empowered to award damages up to ₹50 lakhs for a first instance and higher amounts for repeat offenders. Additionally, the proposed shift to a “5 + 5 + 5” term of protection—in place of the current 10 + 5 model—offers flexibility by allowing rights holders to maintain protection only where designs remain commercially relevant.

Further procedural reforms include allowing multiple designs in a single application, introducing divisional applications and proposing India’s accession to The Hague Agreement and the Riyadh Design Law Treaty (DLT). These measures are expected to reduce costs, simplify filings, facilitate international protection and integrate India more closely with the global design ecosystem.

CONCLUSION
The proposed amendments represent a forward-looking and business-oriented overhaul of India’s design law. By recognizing digital innovation, enhancing enforcement and enabling international filings, the reforms have the potential to significantly benefit design-driven businesses, technology companies, startups, MSMEs and global brand owners, while reinforcing India’s vision of becoming a global hub for original design.

----------------------------------------------------------------------------------------TOP Prepared by : Saifullah Maulvi (Advocate & TradeMarks Attorney)