The Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce & Industry, has released a Concept Note proposing amendments to the Designs Act, 2000, with the objective of modernising India’s design protection framework and aligning it with international best practices. 

The Concept Note also proposes India’s accession to the Riyadh Design Law Treaty (DLT) and the Hague Agreement Concerning the International Registration of Industrial Designs (Hague Agreement).

In line with the Prime Minister’s vision of “Design in India, Design for the World”, the proposed amendments seek to ensure that India’s design law remains relevant in an evolving landscape characterised by digital innovation, virtual products and immersive consumer experiences.

Key proposals outlined in the Concept Note include:

• Extending design protection to virtual designs by making material changes to the definition of ‘article’ and ‘design’. 
• Introduction of full grace period of 12 months 
• Introduction of the option for deferring publication of design for up-to 30 months. 
• Introduction of timeline relief provision in alignment with Designs Law Treaty. 
• Statutory Damages.
• Revision to term of protection. 
• Introduction of multiple designs filings (in a single application).
• Option for division of applications
• Other miscellaneous changes aligning with DLT and Hague Agreement 

The Concept Note provides a broad overview of the proposed amendments. DPIIT has invited comments and suggestions from stakeholders on the proposals contained therein to facilitate further deliberations and detailed development of the amendments.

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