The Department for Promotion of Industry and Internal Trade (DPIIT) has a for public comments proposing amendments to the Designs Act, 2000, aimed at updating 含羞草社区 design protection framework and aligning it with international standards as innovation becomes increasingly digital. The proposed reforms are aligned with the government’s vision of “Design in India, Design for the World”.
Existing legislation was drafted when design protection mostly covered physical products and it did not allow for modern-day works, designs that often exist in digital and virtual forms.
The note proposes extending protection to virtual and digital designs as modern consumer experiences are shaped by elements such as graphical user interfaces, icons, animated visuals and screen-based designs. Changes have also been proposed to protect digital creations even when they are not linked to a physical product, covering dynamic features such as movement, animation and transitions.
The introduction of a 12-month grace period for filing design applications and an option to defer publication of registered designs for up to 30 months is also proposed. Timeline relief provisions are also suggested, which simplify and reduce the registration process.
Other proposals include statutory damages for design infringement, the ability to file multiple designs under a single application and the option to divide applications where necessary.
The department has also suggested revising the terms of protection. At present, designs are protected for an initial period of 10 years, which can be extended by five years. Under proposed changes, this would shift to a “5+5+5” structure, in line with article 17 of the Hague Agreement. The note includes proposals related to international registration of designs and closer harmonisation with global systems.
Comments can be sent to the DPIIT via email at ipr7-dipp@gov.in within 30 days of the note’s release.
