India’s design law is undergoing its most significant overhaul in over two decades. On January 23, 2026, the Department for Promotion of Industry and Internal Trade (DPIIT) released a Concept Note proposing wide ranging amendments to the Designs Act, 2000 the principal law governing design protection in India.
This article analyses proposals contained in DPIIT’s January 2026 Concept Note. These amendments are presently at the stakeholder consultation stage and do not yet constitute enforceable law.
The proposed reforms appear to be driven by the rapid rise of digital design, India’s growing design filing activity, and the country’s broader alignment with international intellectual property frameworks.
According to recent official intellectual property filing statistics, India has witnessed significant growth in design filings, reflecting increasing domestic participation and the growing commercial relevance of industrial design protection.
Background
The Designs Act, 2000 replaced the Indian Patents and Designs Act, 1911. It defines a ‘design’ as features of shape, configuration, pattern, or ornament or composition of lines or colours applied to an article by an industrial process, which in the finished product appeal to the eye.
Although the design rules have undergone periodic amendments, including changes introducing startup friendly fee structures and adoption of the Locarno Classification framework, the core statutory provisions have remained largely unchanged.
1. Protection for Virtual Designs
The most significant proposal is extending design protection to virtual designs graphical user interfaces (GUIs), icons, animations, AR/VR interfaces, and digital typefaces. The definitions of ‘article’ and ‘design’ would be amended to cover digital and screen based designs, decoupling protection from the need for physical embodiment.
This proposal reflects broader global developments recognising the commercial significance of non physical design embodiments.
If adopted, this reform would substantially reduce ambiguity surrounding protection of digital visual interfaces in India.
2. Design-Copyright Interface
The Concept Note proposes clarifying the interface between design protection and copyright. Under Section 15(2) of the Copyright Act, 1957, copyright in a design that is registrable under the Designs Act ceases to exist once that design has been reproduced more than fifty times by an industrial process. This creates uncertainty for creators whose work straddles both regimes. The proposed amendment to Section 15(2) seeks to rationalise this overlap by allowing limited copyright protection for registrable but unregistered designs, capped at 15 years, aligning protection with the commercial life of designs while preventing overly long copyright monopolies on material better governed by design law.
3. 12-Month Grace Period
Currently, any public disclosure of a design before filing at a trade show, investor meeting, or product pilot can destroy its registrability. The Concept Note proposes a full 12-month grace period, allowing applicants to file within one year of a prior disclosure without losing protection rights. This is particularly important for startups and MSMEs that often need to test market response before incurring the costs of registration.
4. Deferred Publication
Designs are presently published as soon as they are registered, exposing them to copying before a product even reaches the market. The proposed amendment allows applicants to defer publication for up to 30 months from the filing or priority date. This confidentiality window would benefit industries with long development cycles automotive, electronics, pharmaceuticals and aligns India with the Hague Agreement and the Riyadh Design Law Treaty (DLT).
5. Statutory Damages for Infringement
Proving actual financial loss in design infringement cases is often difficult, leaving rights holders with limited recourse. The Concept Note proposes statutory damages of up to Rs. 50 lakhs for a first instance of wilful infringement, with enhanced penalties for
repeat offenders. This is a meaningful deterrent and brings greater legal certainty for design owners seeking to enforce their rights.
6. Revised Term of Protection: The 5+5+5 Model
The current protection term 10 years, extendable by 5 years would be replaced by a ‘5+5+5’ model: an initial 5-year term, followed by two successive 5-year renewals. The total maximum protection of 15 years remains unchanged. The staged model introduces flexibility, allowing protection to continue only where a design retains commercial relevance, and aligns Indian law with Article 17 of the Hague Agreement.
7. Multiple Designs in a Single Application
Applicants would be able to file multiple designs within the same class under a single application, cutting costs and reducing administrative burden. This aligns India with international systems like the EU, UK, and the Hague framework, making portfolio management easier for both domestic and foreign applicants.
8. Division of Applications
Divisional applications would be introduced, allowing applicants to split a pending application into separate ones when multiple designs or objections arise, ensuring that one problematic design does not jeopardise an entire portfolio. This added flexibility aligns India with global best practices and helps designers manage complex filings while safeguarding valid design rights.
9. Introduction of a Chapter on International Registrations under the Hague Agreement
India’s proposed accession to the Hague Agreement Concerning the International Registration of Industrial Designs (Geneva Act, 1999) would allow Indian designers to seek protection across multiple countries through a single WIPO application. This significantly reduces costs and administrative complexity for startups and export oriented businesses. It would also allow foreign applicants to designate India in their international filings, integrating the country more deeply into the global design ecosystem.
10. Accession to the Riyadh Design Law Treaty (DLT)
India endorsed the Final Act of the Riyadh Design Law Treaty (DLT) in 2024, and the Concept Note proposes formal accession. Joining the DLT would modernise India’s design procedures by enabling multi-design filings, providing a broad 12-month grace period, allowing deferred publication, and offering 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, particularly for startups and MSMEs.
What This Means in Practice
For technology companies, express protection for GUIs and animations removes a long standing legal uncertainty and encourages investment in digital aesthetics. For startups and MSMEs, the grace period, lower filing costs, and Hague access lower the barrier to entry for both domestic and international design protection. For traditional design intensive sectors packaging, consumer goods, fashion, automotive stronger enforcement through statutory damages improves the commercial value of registered designs.
Challenges to Watch
The reforms are ambitious, and their success will depend on implementation. Expanding protection to virtual designs places new examination demands on the Designs Office. Consistent examination guidelines, WIPO system integration, and examiner training will all be critical. Without institutional readiness, even well-crafted legislation can fall short in practice.
Conclusion
The proposed amendments to the Designs Act, 2000 are a clear signal that India is serious about building a design regime fit for the digital economy. From virtual design protection to global treaty accession, the reforms address real gaps and position India more competitively on the international stage. The Concept Note is currently at the stakeholder consultation stage, and the final shape of the amendments is yet to be determined. But the direction is set and it is the right one.