Opinion: Designing innovative India-Telangana Today

Design Law Treaty could catalyse India’s transformation into a global design and manufacturing powerhouse

By Dr GR Raghavender

On November 22, the member states of the World Intellectual Property Organization (WIPO) adopted a historic Design Law Treaty (DLT) in the Diplomatic Conference at Riyadh. The treaty, which aims to harmonise and simplify design registration processes across jurisdictions, is set to create new opportunities for designers worldwide. The regulations adopted, along with the final Act regulations, will provide more detailed guidance on how the DLT will be applied in practice.

For India, the DLT is timely, aligning with the country’s ambitions under the Make in India initiative, its ‘Viksit Bharat’ vision, and aspiration to become a global manufacturing hub. If India joins this treaty, it will make it simpler, quicker and less expensive for designers worldwide to protect their designs both domestically and internationally. It will also empower designers and promote global design collaboration.

The DLT was adopted after 20 years of negotiations, marking a pivotal moment in intellectual property law. It is similar to the Patent Law Treaty (PLT), 2000, and the Singapore Trademark Law Treaty (STLT), 2006. The DLT is primarily a procedural treaty with focus on harmonising the procedures for obtaining and enforcing intellectual property rights. This will promote cooperation among national and regional IP offices. The treaty does not directly dictate the substantive rights granted under intellectual property law but significantly impacts the ease and efficiency of obtaining and enforcing those rights.

Simplifying Design Protection

The DLT focuses on eliminating red tape in design registration and making design protection more accessible and cost-effective. Key provisions include:

• Standardise Application Requirements: Establishes a maximum list of indications or elements that designers must submit with an application. This closed list will create a predictable framework for design protection procedures, ensuring designers know exactly what is required.

• Flexible Design Representation: Allows applicants to choose how they represent their design in an application, whether through drawings, photographs, or, if accepted by the IP office, video.

• Multiple Designs in One Application: Permits applicants to include several designs in a single application, under certain conditions.

• Filing Date Requirements: Sets out minimal requirements for granting a filing date. This is crucial because delaying the filing date can result in a definitive loss of rights in the field of design.

• Grace Period: Provides a 12-month grace period following the first disclosure of the design during which such disclosure will not affect its validity for registration.

• Unpublished Designs: Allows applicants to keep their designs unpublished for at least six months after securing a filing date.

• Relief Measures: Offers flexibility to applicants to prevent loss of rights if they miss a deadline. Without such measures, missing a time limit generally results in an irreparable loss of rights.

• Simplified Renewal Process: Simplifies the procedure for requesting the renewal of a design registration.

• E-filing Systems: Promotes the introduction of e-filing systems for designs and the electronic exchange of priority documents.

• Technical Assistance: Ensures the availability of technical assistance to developing and least developed countries for the implementation of the treaty.

• Deferred Publication: Gives options for up to six months.

Additionally, the DLT explicitly connects design protection with the protection of traditional knowledge and traditional cultural expressions. This includes a provision allowing contracting parties to require applicants to file information on traditional cultural elements. The treaty will enter into force three months after 15 member states join it.

India’s Readiness

India’s Design Act, 2000, provides the legal framework for protecting novel or original ornamental and aesthetic aspects of designs. While the Act already emphasises innovation and registration efficiency, the DLT adds global relevance by ensuring harmonisation in design registration procedures with international standards. Grace Periods and Deferred Publication, which are key features of the DLT, have to align seamlessly with the Act’s focus on protecting designs. This will enable Indian applicants to benefit from simplified multi-design applications, saving both time and resources.

If India joins this treaty, it would make it simpler, quicker and less expensive for designers to protect their designs both domestically and internationally

The concept of partial design, as introduced in the DLT regulations, is not explicitly available in the Indian Design Act. However, the flexibility in interpretation and the evolving practices of the Indian Patent Office may allow for the protection of partially original designs in certain circumstances. There is a need to introduce amendments to the Indian Design Act to integrate DLT provisions, along with the requirements of the Hague System that streamlines the process of protecting their designs internationally. This will further enhance India’s ability to protect and commercialise its design innovations globally.

Startups and MSMEs

India joining the DLT may be a game changer for Indian startups and Micro, Small, and Medium Enterprises (MSMEs). These sectors, which drive much of the country’s design-led innovation, often face challenges in navigating complex IP regimes. Simplified filing procedures and single-application options reduce costs, making IP protection more accessible and cost-effective for small businesses.

With streamlined international protections, Indian startups will have global competitiveness in industries like fashion, consumer electronics and healthcare devices, and can confidently expand to global markets. This dovetails with India’s 3rd largest Startup India ecosystem in the world which encourages innovation-driven entrepreneurship. Besides, as India positions itself as a global manufacturing hub, the DLT emerges as a crucial tool to protect indigenous designs and foster a robust innovation ecosystem.

India ranks 10th in industrial design filings as per the WIPO’s Global Innovation Index (GII), 2024. Design applications in manufacturing have experienced a significant surge, with a 36.4% increase in 2023, indicating India’s growing focus on creativity, design and innovation across various sectors. Design filings in India are primarily focused on key sectors like textiles and accessories, tools and machines, and health and cosmetics, showcasing India’s strength in both traditional and emerging industries.

The ongoing transformation of India’s manufacturing sector is reflected in the surge in design applications, highlighting the country’s focus on product aesthetics, functionality and user experience. India’s industrial design applications are growing, surpassing global IP filing trends. Despite China and the United States dominating in patent and trademark space, India’s competitiveness in product design aligns with global trends.

While the DLT brings immense promise, its success in India hinges on effective implementation. IP awareness campaigns are needed to educate designers, businesses and stakeholders about the treaty’s benefits. Digitisation and modernisation of India’s IP offices will ensure the smooth adoption of DLT principles.

With the right awareness and policy measures, the DLT could catalyse India’s transformation into a global design and manufacturing powerhouse. This treaty represents more than just IP reform — it is a step toward achieving a more innovative, competitive and prosperous India.

(The author is an Intellectual Property Law & Technology expert and retired Joint Secretary, Department of Justice, Ministry of Law and Justice; Former Registrar of Copyrights, Copyright Office, Government of India, and India’s Chief Negotiator for the Marrakesh Treaty)