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 proposals respond to rapid changes in technology, the growing importance of design-led industries, and India’s ambition to align its design regime with global best practices, particularly under the Hague Agreement and the Riyadh Design Law Treaty (“DLT”).

India’s design ecosystem has expanded significantly in recent years. According to the WIPO World Intellectual Property Indicators Report 2025, India emerged as the fastest-growing design office globally, recording a 43.2% increase in filings in 2024 and moving from 11th to 7th position worldwide. Notably, domestic applicants account for nearly 90% of filings, reflecting the impact of initiatives such as Make in India and Startup India, and the increasing recognition of design as a strategic business asset. Against this backdrop, the Concept Note acknowledges that the Designs Act, 2000 was enacted for a predominantly physical, manufacturing-oriented economy. With innovation now increasingly digital, screen-based, and virtual, the existing framework is seen as insufficient to address contemporary forms of design and modern business realities.

Following are the key proposed amendments:

• Expansion of Design Protection to Virtual Designs

One of the most significant proposals is the extension of design protection to virtual and digital designs. While the Designs Rules, 2001 were amended in 2021 to adopt the Locarno Classification, expressly covering Graphical user interfaces (GUIs) and icons, the substantive provisions of the Act remain tethered to tangible articles.

To address this, the Concept Note proposes modernising the definitions of “design” and “article” to explicitly include non-physical and virtual products such as GUIs, icons, animated designs, augmented-reality interfaces, and other screen-based visual elements. The proposal also contemplates recognising animation, movement, and transition as protectable visual features.

This reform seeks to decouple design protection from physical embodiment, bringing Indian law in line with developments in jurisdictions such as the EU, UK, and Australia.

• Clarifying the Design-Copyright Interface

The long-standing conflict between copyright and design law is another area targeted for reform. While Section 15(1) of the Copyright Act, 1957 excludes registered designs from copyright protection, Section 15(2) has been the subject of frequent litigation due to its operation in relation to unregistered but registrable designs.

The Concept Note proposes amending Section 15(2) to permit copyright protection for designs that are capable of registration but remain unregistered, while limiting such protection to a term of 15 years. This approach aims to harmonise the two regimes, prevent the misuse of copyright to secure extended monopolies over design subject matter, and improve predictability for businesses.

• Introduction of a Full 12-Month Grace Period

Recognising modern commercial realities, the Concept Note proposes introducing a full, unconditional 12-month grace period for design filings. This marks a departure from the current, narrowly framed six-month exhibition-based exception under Section 21 of the Designs Act.

A broader grace period would accommodate disclosures through online launches, investor presentations, pilot sales, and digital marketplaces, and would particularly benefit MSMEs, startups, and first-time designers who often lose rights due to inadvertent pre-filing disclosures. The proposal aligns Indian law with international practice in jurisdictions such as the US, UK, Japan, and Australia.

• Deferred Publication of Registered Designs for up to 30 Months

Currently, designs are published immediately upon registration, which can undermine commercial strategy and expose products to premature copying. Deferred publication would allow applicants to maintain confidentiality during the pre-launch phase, reduce the risk of design piracy, and align Indian practice with the Hague Agreement and DLT. The Concept Note also proposes safeguards such as withdrawal options, surrender requirements, and an “innocent infringer” defence to balance third-party interests during the deferment period.

• Strengthening Enforcement through Statutory Damages

To address enforcement challenges, the Concept Note proposes introducing statutory damages for wilful design infringement, with courts empowered to award damages up to Rs. 50 lakhs for a first instance, and enhanced penalties for repeat infringers.

• Revisiting the Term of Protection

The current “10+5” term of protection is proposed to be replaced with a “5+5+5” structure, aligning Indian law with Article 17 of the Hague Agreement. Under the proposed system, an initial term of 5 years shall be granted for both national as well as Hague applications, with the option of two successive renewals of 5 years each. This staged renewal system offers greater flexibility, allowing protection to continue only where designs retain commercial relevance, while facilitating earlier entry into the public domain for obsolete designs.

• Procedural Flexibility: Multiple Designs and Divisional Applications

To reduce costs and administrative burden, the Concept Note proposes allowing multiple designs within the same class to be filed in a single application, as well as introducing statutory provisions for divisional applications. These changes would enhance procedural efficiency, safeguard applicants against total refusal due to defects in individual designs and align Indian practice with international systems such as the EU and the Hague framework.

• International Integration: Hague System and Riyadh Design Law Treaty

The Concept Note proposes accession to both the Hague Agreement and the Riyadh Design Law Treaty. Accession would enable Indian designers to secure multi-jurisdictional protection through a single international application, while also making India more accessible to foreign design owners.

To implement these obligations, amendments are proposed to introduce a dedicated chapter on international registrations, provide time-relief and reinstatement mechanisms, simplify renewal and recordal procedures, and allow correction or restoration of priority claims. Collectively, these measures aim to strengthen India’s integration into the global design ecosystem and advance ease of doing business objectives.

The proposed amendments mark a comprehensive re-imagining of India’s design law framework. By expanding protection to virtual designs, clarifying doctrinal ambiguities, enhancing procedural flexibility, and aligning with international treaties, the reforms seek to future-proof the Designs Act and position India as a global hub for design innovation. If implemented effectively, these changes could significantly strengthen design protection for domestic creators while making India a more attractive jurisdiction for global design investment.