India is considering major amendments to its design law under the Designs Act, 2000. These changes reflect India’s attempt to modernise its legal framework, address digital innovation, and align with international design systems.

For applicants & IP lawyers, these reforms will directly impact how designs are protected, filed, and enforced in India. Below is a practical explanation of what is changing, how the current system works, and why it matters.

Protection for digital and virtual designs

Under the current Indian law, design protection is closely linked to physical products. Designs are understood as visual features applied to tangible articles. Although India has recognised GUIs and icons in its classification system, the law itself does not clearly protect purely digital or virtual designs. This has created uncertainty, particularly for technology-driven businesses.

The proposed amendments aim to expand the definitions of “design” and “article” to explicitly include digital and virtual designs such as GUIs, icons, animations, and augmented reality interfaces. This would allow design protection even where no physical product exists.

If implemented, this change will significantly benefit foreign companies in sectors such as software, fintech, gaming, electronics, and digital platforms. India would move closer to global standards where digital design protection is already recognized.

Copyright protection for designs that are not registered

Currently, Indian law draws a sharp line between design and copyright. Once a design is registered, it is excluded from copyright protection. If a design is capable of registration but not registered, copyright protection may cease once the design is industrially reproduced beyond a certain threshold. This framework has led to frequent disputes and legal uncertainty.

The proposed reform seeks to allow copyright protection for designs that are registrable but not registered, while limiting the duration of such protection to a defined period of 15 years. The objective is to prevent indefinite copyright monopolies over subject matter that should ideally be protected through design registration.

This change highlights the importance of proactively registering designs in India rather than relying solely on copyright.

A 12-month grace period before filing

India’s current grace period is limited and applies only to disclosures made at government-notified exhibitions. In reality, most designs today are disclosed through online launches, marketing campaigns, investor presentations, or pilot sales.

The proposed amendments introduce a broad 12-month grace period covering all forms of disclosure. This would align India with jurisdictions such as the US, UK, Japan, and Australia.

For applicants, this means that accidental or strategic disclosures before filing in India may not necessarily destroy novelty. However, early filing will still remain the safest approach.

Keeping designs confidential before product launch

Under the existing system, design registrations in India are published immediately after registration. applicants have no option to delay publication, even if the product is not yet launched.

The proposed reforms introduce the option to defer publication of a design for up to 30 months. This would allow companies to secure design rights while keeping the design confidential during product development and market preparation.

For applicants, deferred publication could become a valuable strategic tool, especially in industries where early disclosure could lead to copying or loss of competitive advantage.

Stronger remedies for design infringement

Currently, enforcing design rights in India is challenging because it is difficult to prove actual damages. The Designs Act does not provide for statutory damages, and compensation awarded by courts is often limited.

The proposed amendments introduce statutory damages for willful design infringement. Courts would be empowered to award meaningful compensation even where actual damages are difficult to quantify.

This change could significantly strengthen the enforcement value of design rights in India, making design registration more commercially relevant for rights holders.

A new system for design protection term

At present, design protection in India lasts for ten years, with a possible extension of five years.

The proposed amendment replaces this with a “5 + 5 + 5” model. Design protection would initially be granted for five years, with two further renewals possible.

This change aligns India with international design systems and allows companies to maintain protection only for designs that remain commercially valuable.

Allowing multiple designs in a single application

Under the current system, each design must be filed through a separate application, even when multiple design variants exist for the same product.

The proposed amendments allow multiple designs in a single application, provided they fall within the same class. This would reduce filing costs and administrative complexity.

For applicant’s managing large design portfolios, this change could significantly improve efficiency and cost-effectiveness.

Dividing a design application when needed

Indian law currently does not clearly provide for divisional design applications.

The proposed reforms introduce the concept of divisional applications, allowing applicants to split a single application into multiple applications where required.

This flexibility would help applicants avoid losing valuable designs due to objections relating to only one design in an application.

Filing designs in India through the Hague system

India is considering accession to the Hague Agreement for international design registration.

Once implemented, foreign applicants will be able to designate India through a single international design application filed via WIPO, rather than filing separate national applications.

This development could transform how businesses having global reach approach design filings in India, integrating India into global design filing strategies.

Aligning India’s Design Law with International Standards

India also proposes to accede to the Riyadh Design Law Treaty, which aims to harmonize procedural aspects of design law across jurisdictions.

If adopted, this will make India’s design system more predictable, flexible, and foreign-friendly.

Taken together, these reforms indicate a clear shift in India’s approach to design protection. India is moving towards a system that recognizes digital innovation, aligns with international practices, and strengthens enforcement mechanisms.

These are currently proposed amendments and may be refined based on stakeholder feedback invited by the Government of India until 23 February 2026.