The Department for Promotion of Industry and Internal Trade (DPIIT) has proposed changes to the existing Designs law to make it more effective at a time when innovation is increasingly digital and technology-driven.
The department, under the commerce and industry ministry, has circulated a concept note outlining the proposed changes in the law. It has sought public comments on the suggested amendments.
The current legal framework does not adequately address these developments and this creates uncertainty for businesses and limits the law's ability to keep pace with contemporary innovation.
1 January 2026
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"Accordingly, amendments to the Designs Act are necessary to ensure its continued relevance and effectiveness," the paper said.
The department has proposed extending design protection to virtual designs by making material changes to the definition of "article" and "design" in the country's Design Act 2000, which was drafted and implemented in a markedly different industrial and technological environment.
The paper stated that design protection earlier was closely linked to physical goods and traditional processes of manufacturing and designing.
But now, it said, innovation is predominantly digital and technology driven and the modern designs exist entirely or partly in the virtual form.
Graphical user interfaces, icons, animated designs, screen-based designs are fundamental to consumer experience at present.
This shift has altered the dynamics of design law. Scope of protection should now extend beyond physical form to virtual and immersive designs, it said.
"To address this gap, it is proposed to clarify and modernise the definitions of "design" and "article" to expressly enable protection of virtual designs, independent of any physical carrier," it said adding the definition of 'design' can be expanded by broadening the scope as well as meaning of industrial process and by including animation, movement, and transition.
It will help clarify that design protection extends beyond static visual features to dynamic visual effects that are central to contemporary digital and screen-based designs.
The other suggestions include introduction of the option of deferring publication of design for up-to 30 months; revision to term of protection; introduction of multiple designs filings (in a single application); and introduction of a Chapter on international registrations.
It added that currently, the design protection is granted for 10 years initially, which can be renewed for a further period of 5 years upon filing a renewal request.
"It is proposed to adopt a '5+5+5' term of protection in order to align India's law with Article 17 of the Hague Agreement," the paper said adding this would offer flexibility to design owners to extend protection only where the designs continue to be commercially relevant.
It is also suggested to allow filing of multiple designs falling in the same class under a single design application as it would reduce filing costs and administrative effort for applicants.
According to the WIPO's World Intellectual Property Indicators Report of 2025, an estimated 1.22 million design applications were filed worldwide in 2024, marking a 2.6% rise over the previous year.
India received 12,160 applications for design registration 2024 alone, and moved from 11th to 7th position globally, securing a place among top 10 design offices.
The objective, it said, is to make India a hub of original designs and creativity.
Businesses in India have grown to realize the importance of aesthetically appealing original designs, and how they help in enhancing consumer experience, adding to the overall product value and strengthening the brand identity.
Securing statutory protection by registering them amplifies their value as assets by offering exclusivity, legal certainty and protection against unauthorised use and imitation, it said.
"In this context, a robust, balanced, and forward-looking legal framework for design protection is critical. Such a framework would better incentivise domestic designers and align Indian design law with international best practices," it added.
