Overview
On January 23, 2026, the Department for Promotion of Industry and Internal Trade (DPIIT) released a comprehensive Concept Note proposing wide-ranging amendments to the Designs Act, 2000 — the most significant reform proposal since the Act's enactment. The Concept Note responds to India's rapidly growing design ecosystem, technological transformation, and the imperative of international integration.
I. Protection for Virtual and Digital Designs
The most transformative proposal extends design protection to virtual and digital designs — explicitly covering graphical user interfaces (GUIs), icons, animations, screen-based layouts, AR/VR interfaces, typefaces, and other non-physical designs. This requires amending the definitions of 'article' and 'design' to decouple eligibility from physical, tangible carriers. Protection would cover digital aesthetics satisfying core requirements of novelty and visual appeal, while continuing to exclude purely functional features. This ensures the Act remains technologically neutral and responsive to innovation in fintech, gaming, healthcare, e-commerce, and immersive digital services.
II. Revised Term of Protection — 5+5+5 Structure
The existing 10-year term with a single 5-year renewal is proposed to be replaced by a staged "5+5+5" structure — three renewable five-year blocks totalling a maximum of fifteen years. Designs in fast-moving sectors (fashion, packaging, digital products) with shorter commercial lifespans can lapse earlier, reducing barriers to competition. Commercially valuable designs can continue to enjoy full protection. The average commercial lifespan of a design in 2025 was approximately 5.1 years (WIPO IP Indicators 2025) — supporting the rationale for staged renewal.
III. Full 12-Month Grace Period
A full, unconditional 12-month grace period for design filings is proposed — replacing the current narrow six-month exhibition-based exception under Section 21. The expanded grace period accommodates disclosures through online product launches, investor presentations, pilot sales, and digital marketplaces, particularly benefiting MSMEs, startups, and first-time designers who frequently lose rights due to inadvertent pre-filing disclosures.
IV. Deferred Publication — Up to 30 Months
The deferment period for publication of registered designs is proposed to be extended to 30 months from the filing/priority date. Given average grant time of 135 days in 2025, this allows significant protection for commercially sensitive designs before public disclosure — particularly valuable for products with phased commercial launches.
V. Procedural Modernisation
Multiple design filings within the same class in a single application would reduce costs, paperwork, and administrative burden — particularly for products developed with design variants. Divisional applications are proposed to allow applicants to split filings where objections arise or multiple designs are claimed. Time relief and reinstatement provisions are proposed to restore rights lost due to non-compliance with procedural time limits, where failure was unintentional or despite due care — particularly benefiting MSMEs, startups, and foreign applicants.
VI. Copyright-Design Overlap — Section 15(2) Reform
Section 15(2) of the Copyright Act is proposed to be amended to permit copyright protection for designs that are capable of registration but remain unregistered, capped at 15 years. This aims to harmonise the two regimes, prevent misuse of copyright to secure extended monopolies over design subject matter, and improve legal predictability — addressing the ambiguity that has long generated litigation, most recently addressed by the Supreme Court in Inox India v. Cryogas Equipment.
VII. International Integration — Hague Agreement and DLT
India's accession to the Hague Agreement Concerning International Registration of Industrial Designs (Geneva Act 1999) is proposed — enabling Indian designers and businesses to secure design protection in multiple jurisdictions through a single international application, reducing costs and administrative burden, and enabling foreign businesses to designate India under an international application. Accession to the Riyadh Design Law Treaty (DLT) — signed by India in 2024 — is proposed, requiring amendments to meet DLT's procedural simplification obligations, including reduced documentation requirements, the 12-month grace period, 30-month deferred publication, time relief, and reinstatement provisions.
Stakeholder Consultation
DPIIT has invited comments and suggestions from stakeholders on the proposals to facilitate further deliberations and detailed development of the amendments, with submissions due by February 22, 2026. Aswal Associates is actively monitoring this consultation and has prepared a detailed submission on behalf of clients with pending and registered Indian designs.
Significance
These reforms represent a paradigm shift in how Indian law views design — from a peripheral protection for physical goods to a core component of innovation, competitiveness, and economic growth in the digital economy. If implemented effectively, they could significantly strengthen design protection for domestic creators and make India a more attractive jurisdiction for global design investment — advancing the vision of "Design in India, Design for the World."