India is considering the most substantial changes to its design law since the Designs Act, 2000 — extending protection to purely digital designs, adding a general grace period, allowing publication to be deferred, and opening the door to the Hague system. Here is what each change would mean in practice.
A note on status: these were proposals, with stakeholder feedback invited by the Government of India until 23 February 2026. That consultation window has now closed. Check whether amendments have since been notified before relying on any of this as current law.
Digital and virtual designs
Currently, design protection is tied closely to physical products — visual features applied to tangible articles. India recognises GUIs and icons in its classification, but the law itself does not clearly protect purely digital or virtual designs, creating real uncertainty for technology businesses.
Proposed: expanding the definitions of “design” and “article” to include GUIs, icons, animations and augmented reality interfaces, allowing protection where no physical product exists.
This is the most commercially significant change, and would particularly benefit software, fintech, gaming, electronics and digital platform businesses — bringing India closer to jurisdictions where digital design protection is already settled.
Copyright for unregistered designs
Currently, Indian law draws a sharp line: once a design is registered, it is excluded from copyright. Where a design is registrable but not registered, copyright protection may cease once industrially reproduced beyond a threshold. The framework has generated frequent disputes.
Proposed: allowing copyright protection for registrable but unregistered designs, limited to 15 years — preventing indefinite copyright monopolies over subject matter that ought to be protected by design registration.
The practical message is unchanged: register designs proactively rather than relying on copyright.
A 12-month grace period
Currently, India’s grace period is narrow, applying only to disclosures at government-notified exhibitions. In practice most designs are disclosed through online launches, marketing campaigns, investor presentations or pilot sales — none of which are covered.
Proposed: a broad 12-month grace period covering all forms of disclosure, aligning India with the US, UK, Japan and Australia.
This addresses one of the sharpest traps in current practice, where a product shown at launch is no longer registrable. Early filing remains the safest approach, but accidental disclosure would stop being fatal.
Deferred publication
Currently, registrations are published immediately on registration, with no option to delay — even where the product has not launched.
Proposed: deferring publication for up to 30 months, letting companies secure rights while keeping the design confidential through development and market preparation.
For industries where early disclosure invites copying, this would be a genuinely useful strategic tool.
Statutory damages
Currently, enforcement is difficult because actual damages are hard to prove, the Act provides no statutory damages, and awards are often limited. (The statutory sum under Section 22 is capped at ₹25,000 per design, to a maximum of ₹50,000.)
Proposed: statutory damages for wilful infringement, empowering courts to award meaningful compensation where actual loss is hard to quantify.
This would materially change the commercial value of a design registration — the current caps are low enough that proprietors rely on injunctions instead.
A 5+5+5 term
Currently, protection runs 10 years, extendable once by five.
Proposed: a 5 + 5 + 5 model — five years initially, with two further renewals — aligning with international systems and letting companies maintain protection only for designs that remain commercially valuable.
Note this does not extend the maximum term, which stays at fifteen years. It changes when you have to decide, requiring an active renewal at five years rather than ten.
Multiple designs, and divisionals
Currently, each design requires a separate application, even for variants of the same product; and Indian law does not clearly provide for divisional design applications.
Proposed: multiple designs in a single application within the same class, reducing filing costs and administrative burden; and divisional applications, letting an applicant split an application where objections affect only one design — avoiding the loss of valuable designs to an objection against a sibling.
International routes
Hague Agreement accession would let foreign applicants designate India through a single international application filed via WIPO, rather than filing nationally — integrating India into global design filing strategies.
India also proposes acceding to the Riyadh Design Law Treaty, harmonising procedural aspects across jurisdictions and making the Indian system more predictable for foreign filers.
Taken together
The reforms indicate a clear shift: a system that recognises digital innovation, aligns with international practice, and strengthens enforcement. For anyone with a design portfolio touching India, the digital design provision and Hague accession are the two worth planning around.
The takeaways
- GUIs and virtual designs would become protectable without a physical article.
- A 12-month general grace period would replace the narrow exhibition-only one.
- Deferred publication for 30 months and statutory damages would both be new.
- Consultation closed 23 February 2026 — verify what has been notified.
Frequently asked questions
Would GUIs be protectable as designs in India? Under the proposals, yes — the definitions of “design” and “article” would expand to cover GUIs, icons, animations and AR interfaces without requiring a physical product.
What grace period is proposed before filing? Twelve months covering all forms of disclosure, replacing the current narrow exception for government-notified exhibitions.
Would the term of design protection change? The structure would become 5 + 5 + 5 rather than 10 + 5, keeping the fifteen-year maximum but requiring an earlier renewal decision.
Is India joining the Hague system for designs? Accession is proposed, which would allow India to be designated through a single international application filed with WIPO.