Area
Current Framework
Proposed Amendment
Virtual Designs
Definitions of “article” and “design” under Sections 2(a) and 2(d) of the Designs Act, 2000, traditionally interpreted with reference to tangible objects and visual features applied to such objects.
These definitions are sought to be amended to extend design protection to virtual designs.
Design-Copyright Overlap
Section 15(2) of the Copyright Act, 1957, states that copyright in any design, which is capable of being registered under the Designs Act, 2000, but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process.
Copyright in designs that are registrable under the Designs Act, 2000, but remain unregistered, to subsist for a limited term of 15 years.
Grace Period
Section 21 of the Designs Act allows a six-month grace period in cases where the disclosure is made at exhibitions notified by the Central Government.
A blanket 12-month grace period to apply regardless of the manner of disclosure.
Deferred Publication
Designs are published immediately upon registration, with no option for deferment.
Applicants to be permitted to defer publication for up to 30 months.
Statutory Damages
The Designs Act does not provide for statutory damages for infringement.
Statutory damages up to INR 50 lakhs for the first instance of infringement to be introduced, in cases where it is difficult or impractical to prove actual damages.
Term of Protection
Under Section 11 of the Designs Act, design protection is granted for 10 years, which can be renewed for a further period of 5 years.
Protection term to be restructured as 5+5+5 years. Under this system, an initial term of 5 years will be granted for both national and Hague applications, with the option of two successive renewals of 5 years each.
Single Application Covering Multiple Designs
Separate applications required for each design variant.
Multiple designs falling in the same class to be allowed in a single application.
Divisional Applications
The Act does not provide for divisional applications.
Divisional applications to be introduced, preventing entire applications from being rejected due to defects in individual designs.
Enabling Filings under the Hague system
No statutory framework exists for international design registrations.
A dedicated chapter to implement the provisions of the Hague Agreement to be introduced, enabling businesses to secure design protection in multiple jurisdictions through a single international application.
Accession to Riyadh Design Law Treaty
No mechanism exists to restore rights lost due to procedural non-compliance.
Time relief and reinstatement provisions to be introduced, in line with the Riyadh Design Law Treaty, to restore design rights lost due to non-compliance with procedural time limits, provided the failure occurred despite due care or was unintentional.