India's Draft GUI & Icon Design Guidelines: A Critical Analysis
I. Introduction: From Judgment to Practice On 1 October 2026, the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) released the draft Guidelines for Registration of Designs relating to Graphical User Interface (GUI) and Icons , inviting stakeholder comments. This draft marks the administrative sequel to the Calcutta High Court’s judgment dated 9 March 2026 in NEC Corporation & Ors. v. Controller of Patents and Designs (2026:CHC‑OS:69), wherein the Court categorically held that there is no per se exclusion of GUIs under Section 2(d) of the Designs Act, 2000. In my earlier analysis of that judgment , I described it as a watershed for digital design protection in India. The Calcutta High Court, however, also expressly recorded that there was “undoubtedly a lack of clarity in the Designs Office” and called for clarificatory guidance “either by Legislature or by the Controller.” The draft Guidelines now issued by the Controller stand as the admini...