The government has put forth a Concept Note suggesting changes to the Designs Act, 2000, to update India’s design protection system and bring it in line with global standards. The Department for Promotion of Industry and Internal Trade (DPIIT) released the Concept Note, proposing India’s participation in the Riyadh Design Law Treaty (DLT) and the Hague Agreement for International Registration of Industrial Designs. The proposed amendments, in line with Prime Minister Narendra Modi’s ‘Design in India, Design for the World’ vision, aim to keep India’s design laws relevant in a changing landscape marked by digital advancements and immersive consumer experiences.
The suggested changes include safeguarding virtual designs, introducing a 12-month grace period, and allowing deferred publication of designs for up to 30 months. Additionally, provisions for timeline relief aligned with the Designs Law Treaty, statutory damages for infringement, and revisions to the term of protection are among the key proposals. The Ministry of Commerce & Industry also listed other modifications such as the introduction of multiple design filings in a single application and the option for application division, in harmony with the DLT and Hague Agreement.
DPIIT has called for feedback from stakeholders on the proposed amendments to facilitate further discussions and detailed refinement of the changes. In 2024, India signed the final act of the Riyadh Design Law Treaty, emphasizing its dedication to promoting inclusive growth and ensuring fair access to intellectual property protection. The treaty brings forth various provisions to benefit design applicants, including relaxed time limits, reinstatement of lost rights, and simplified procedures for recording assignments and licenses. These initiatives, coupled with programs like Startup India and the Startups Intellectual Property Protection (SIPP) scheme, are expected to empower startups and small businesses in securing design rights globally, enhancing their competitiveness and fostering market expansion.
