The Department for Promotion of Industry and Internal Trade (DPIIT) issued a Concept Note dated January 23, 2026, outlining proposed amendments to the Designs Act, 2000. The Concept Note signals the modernisation of India’s design law framework to reflect evolving innovation patterns, strengthen enforcement, and better align with international design filing practices. Today, design is not merely limited to the shape of physical articles, but also extends to digital assets, screen-based experiences, and interfaces that reflect brand identity, consumer choice, and enable consumers to differentiate a product. The Concept Note acknowledges this transformation and thereby addresses long-standing gaps in the Indian design protection regime. The proposals, if enacted as amendments, could reshape the scope of protectable subject matter and the ease with which businesses can file, manage, and enforce design rights.
Key Proposed Amendments
Recognition of Virtual Designs
One of the most significant reforms proposed is the extension of design protection to virtual and screen-based designs. The Note proposes updating the definitions of “design” and “article” to extend protection to digital and screen-based design assets, including graphical user interfaces (GUIs), icons, animations, transitions, and AR/VR-based immersive designs. This shift is significant as a majority of consumer engagement now happens through digital means.
For technology companies, consumer electronics manufacturers, wearable device makers, and app-driven startups, the look and feel of an interface is often a core part of the product’s market value. By proposing a legal framework that recognises and protects such design assets, the Concept Note would bring Indian design law closer to contemporary innovation needs, where aesthetic value and user experience are key to a brand’s identity.
In a landmark decision, the Calcutta High Court, in the case of NEC Corporation vs The Controller of Patents and Designs & Anr., [IPDAID/22/2024], decided on March 9, 2026, ruled that Graphical User Interfaces (GUIs) are eligible for design registration under the Designs Act, 2000, provided they meet the criteria for “article” and “design”. The ruling clarified that GUIs, which are applied to an article and visible upon activation, qualify as designs, aligning Indian law with international practices.
12-month Grace Period for Disclosures
The Concept Note proposes introducing a broader 12-month grace period for disclosures prior to filing. This amendment, if enacted, would benefit businesses and startups that need to disclose products during market testing, investor discussions, or pilot launches before filing formal design applications. Such a grace period would help protect the registrability of a design despite limited early disclosures. In design-based sectors such as packaging, lifestyle, electronics, and consumer goods, this flexibility would be the key difference between a design registration that is feasible and one that is only available in theory at the time.
Deferred Publication of Registered Designs
Another proposed amendment relates to the option for deferred publication, which may be allowed for up to 30 months. Publication of a registered design makes the design publicly visible, which may be impractical for businesses attempting to protect design confidentiality ahead of a product launch. Deferred publication would address this concern by allowing applicants to secure a filing date and priority protection while controlling the timing of disclosure.
However, the Note also addresses procedural aspects, including withdrawal or surrender during the deferment period and the innocent infringer defence during the deferment window. This is an important consideration as, when a design is not published, a competitor may not reasonably be able to verify infringement risk. Therefore, a system would be needed to ensure that deferred publication does not become a tool for unnecessary litigation.
Statutory Damages for Wilful Infringement
The Concept Note further proposes introducing stronger civil remedies to address wilful infringement, including statutory damages. Specifically, the document lays down a penalty structure under which fines can reach up to INR 50 lakhs for a first offence. For repeat infringements, penalties would be in higher slabs. This proposed framework would strengthen the enforcement of design rights, particularly in cases of design copying, lookalike products, and other forms of replication that cause financial loss to original creators.
The “5+5+5” Year Term Period
The Concept Note proposes restructuring the term of design protection to a “5+5+5” year model, aligned with Hague standards. This reform may improve global portfolio harmonisation for businesses managing multi-jurisdictional design registrations. It would also reduce administrative burden and enable smoother filing, licensing, and enforcement of designs.
Multiple Designs Per Application and Divisional Applications
The Concept Note also proposes enabling multiple designs in a single application within the same class and introducing provisions for divisional applications. These practical procedural reforms could significantly improve filing efficiency and reduce cost burdens for rights holders. Businesses often develop multiple options of a product design, including packaging, patterns, product families, or coordinated sets of articles. The ability to file a single application may prove to be more efficient while retaining priority and managing objections through divisional filings.
Design-Copyright Overlap under Section 15(2)
The Concept Note also addresses the overlap and conflict between design rights and copyright, particularly in light of Section 15(2) of the Copyright Act, 1957. The proposal aims to reduce uncertainty by allowing copyright protection for registrable but unregistered designs, while restricting the term to 15 years.
This is an important proposal since businesses in packaging, textiles, lifestyle products, and decorative design industries often operate on the thin line where it is unclear whether their creative work should be protected primarily as copyright, design, or both. A clearer and more predictable interface between these regimes would improve IP planning and reduce litigation.
Alignment with the Hague System and Riyadh Design Law Treaty (DLT)
The Concept Note outlines steps towards international alignment of Indian design law, including a roadmap for a Hague System chapter and accession to the Riyadh Design Law Treaty (DLT). It also discusses procedural reforms, such as deadline relief for missed timelines due to unintentional errors or lack of due care and mechanisms for correcting or restoring priority claims. These reforms, if enacted, would support smoother global filing strategies, reduce rigidity in the design registration process, and improve India’s overall compatibility with international design systems.
In Conclusion
The Concept Note reflects a forward-looking effort to update India’s design law to support contemporary innovation, particularly digitalisation and integration with international markets. The inclusion of proposals on virtual designs, statutory damages, deferred publication, and procedural flexibility indicates that the planned reforms are not merely surface-level but are aimed at addressing real design enforcement and protection concerns.
Ultimately, the long-term effect of these proposed amendments would depend on how the final amendments are drafted, how the registry implements the changes, and whether the reforms are implemented with clarity and consistency. However, as a policy sign, the Concept Note strongly highlights that India is moving towards a design framework better aligned with global standards and more responsive to the needs of modern industries.
Authors: Manisha Singh (Partner) & Shivi Gupta (Associate Partner)