BALANCING INNOVATION AND PROTECTION: A CRITICAL APPRAISAL OF INDIAN DESIGN LAW

Abstract

Design protection is a crucial aspect of intellectual property rights that fosters innovation and creativity in industrial and artistic domains. In India, the legal framework for design protection has evolved significantly, yet it faces multiple challenges related to enforcement, awareness, and alignment with international standards. This paper critically examines the Indian design protection regime, analyzing statutory provisions, judicial interpretations, and comparative insights from international frameworks. By assessing case laws, policy measures, and the role of the judiciary, the study evaluates how effectively design laws balance the interests of creators, industries, and society. The paper also identifies gaps and proposes recommendations for enhancing India’s design protection mechanisms, ensuring they remain aligned with global innovation trends.