Are Amendments Proposed by DPIIT to Align India's Designs Act with Global Standards?
Synopsis
Key Takeaways
New Delhi, Jan 29 (NationPress) The government has unveiled a Concept Note suggesting updates to the Designs Act, 2000, aimed at modernizing India’s design protection framework and synchronizing it with global best practices, according to an official announcement on Thursday.
The Concept Note issued by the Department for Promotion of Industry and Internal Trade (DPIIT) advocates for India's participation in the Riyadh Design Law Treaty (DLT) and the Hague Agreement regarding the International Registration of Industrial Designs.
In alignment with Prime Minister Narendra Modi’s vision of 'Design in India, Design for the World', the proposed changes intend to keep India’s design legislation pertinent in a rapidly changing environment marked by digital advancements, virtual products, and immersive consumer interactions, as stated by the Ministry of Commerce & Industry.
Key recommendations feature protection for virtual designs, a full grace period of 12 months, and deferred publication of designs for as long as 30 months.
Other significant amendments include the introduction of a timeline relief provision in line with the DLT, as well as statutory damages for design infringement.
Additionally, the ministry outlined revisions to the protection term, the ability to file multiple designs in a single application, and the option to divide applications, along with various other adjustments to align with the DLT and Hague Agreement.
DPIIT has sought feedback and suggestions from stakeholders regarding these proposals to enhance discussions and refine the amendment process.
In 2024, India signed the final act of the Riyadh Design Law Treaty (DLT), reaffirming its dedication to promoting inclusive growth and ensuring fair access to intellectual property protection.
The DLT introduced numerous vital provisions designed to benefit design applicants, including relaxed timelines, reinstatement of lost rights, options to correct or add priority claims, and simplified procedures for recording assignments and licenses.
When combined with initiatives like the Startup India program and the Startups Intellectual Property Protection (SIPP) scheme, these provisions will empower startups and SMEs to secure design rights on a global scale, enhancing their competitiveness and supporting market expansion.