DPIIT Proposes Major Overhaul of Designs Act to Protect Virtual Creations

The Department for Promotion of Industry and Internal Trade (DPIIT), operating under the Ministry of Commerce and Industry, has unveiled a comprehensive concept note proposing substantial amendments to India's existing Designs law. This initiative aims to modernize the legal framework to better accommodate today's digital and technology-driven innovation landscape.

Addressing the Digital Transformation Gap

The current Designs Act 2000 was formulated during a markedly different industrial and technological era. According to the DPIIT's concept paper, the existing legal framework fails to adequately address contemporary developments, creating uncertainty for businesses and limiting the law's ability to keep pace with modern innovation patterns.

The department emphasizes that innovation has shifted predominantly toward digital and technology-driven domains, with modern designs increasingly existing entirely or partially in virtual form. Graphical user interfaces, icons, animated designs, and screen-based designs have become fundamental to consumer experience, necessitating a corresponding evolution in design protection mechanisms.

Key Proposed Amendments

The DPIIT has outlined several significant changes in its concept note:

Extension of Design Protection to Virtual Designs: The department proposes material changes to the definitions of "article" and "design" within the Designs Act 2000. This would expressly enable protection of virtual designs independent of any physical carrier, clarifying that design protection extends beyond static visual features to include dynamic visual effects central to contemporary digital creations.
Revised Term of Protection: Currently, design protection is granted for an initial period of 10 years, renewable for a further 5 years upon filing a renewal request. The DPIIT suggests adopting a '5+5+5' term structure to align with Article 17 of the Hague Agreement, offering design owners flexibility to extend protection only where designs maintain commercial relevance.
Multiple Designs Filing: The proposal includes allowing the filing of multiple designs falling within the same class under a single application, which would significantly reduce filing costs and administrative burdens for applicants.
Deferred Publication Option: Introduction of the option to defer publication of designs for up to 30 months.
International Registrations Chapter: Addition of a dedicated chapter on international registrations to facilitate global design protection.

India's Growing Design Ecosystem

The proposed amendments come at a time when India's design registration landscape shows promising growth. According to the World Intellectual Property Organization's World Intellectual Property Indicators Report 2025, India received 12,160 applications for design registration in 2024 alone. This performance moved the country from 11th to 7th position globally, securing a place among the world's top 10 design offices.

Globally, an estimated 1.22 million design applications were filed in 2024, marking a 2.6 percent increase over the previous year.

Strategic Objectives and Business Impact

The DPIIT's initiative aims to transform India into a hub of original designs and creativity. Indian businesses have increasingly recognized the importance of aesthetically appealing original designs in enhancing consumer experience, adding product value, and strengthening brand identity.

Securing statutory protection through design registration amplifies their value as assets by offering exclusivity, legal certainty, and protection against unauthorized use and imitation. The department asserts that a robust, balanced, and forward-looking legal framework for design protection is critical to better incentivize domestic designers and align Indian design law with international best practices.

The DPIIT has now opened the concept note for public comments, inviting stakeholders to provide feedback on the proposed amendments before formal implementation.