Designs

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Introduction/History of Designs

The evolution of Design law in India has transitioned from British-era common law principles to a modern, globally aligned statutory framework.

Year Legislation / Event Historical Context Key Provisions / Changes Introduced Legal & Practical Significance
1859 Act VI of 1859 Early industrialisation under British rule First statutory protection for designs in India Laid foundation of design protection in India
1872 Patterns and Designs Protection Act, 1872 Need to protect inventions and industrial outputs Combined protection for patents and designs Early attempt to systematise IP protection
1883 Protection of Inventions Act, 1883 Alignment with UK IP laws Improved registration and enforcement provisions Strengthened legal recognition of designs
1888 Inventions and Designs Act, 1888 Refinement of earlier enactments Procedural clarity for design registration Better administrative control
1911 Patents and Designs Act, 1911 Consolidation of IP laws in British India Comprehensive law covering patents and designs Principal design law for nearly 90 years
1947 Post-Independence Continuation Transition after independence 1911 Act continued with minor adaptations Provided stability in early years of independent India
1970 Patents Act, 1970 Public-interest-oriented patent policy Separated patents from designs Design law continued independently under 1911 Act
1995 WTO–TRIPS Agreement India became WTO member Mandated protection of industrial designs Triggered overhaul of Indian design law
2000 Designs Act, 2000 Need for TRIPS-compliant modern law Standalone legislation for industrial designs Paradigm shift to aesthetics-based protection
2001 Designs Rules, 2001 Implementation of Designs Act, 2000 Procedural framework for filing and examination
2008 Designs (Amendment) Rules, 2008 Adoption of electronic means for various processes and design publication in Patent Office Journal
2014 Designs (Amendment) Rules, 2021 Ease of doing business, startup focus Revised fees and MSME/startup concessions Third Schedule Omitted & LOCARNO Classification Adopted
2021 Designs (Amendment) Rules, 2021 Ease of doing business, startup focus Adopted Locarno Classification, revised fees, MSME/startup concessions, e-services

Key International Treaties on Industrial Designs (India Status)


Treaty / Agreement Coverage India Status Year (India)
Paris Convention for the Protection of Industrial Property Industrial designs and other industrial property; right of priority Member 1998
TRIPS Agreement (WTO) Minimum standards of IP protection including industrial designs WTO Member 1995
Locarno Agreement International classification for industrial designs Acceded 2019
Riyadh Design Law Treaty (DLT) Harmonisation of procedural requirements for design protection Signed 2024