Reforms to EU design rights law that entered into force in 2024 deliver necessary modernisation of a legal framework that had become outdated in the face of rapid technological and economic changes.
Originally established over two decades ago, the EU’s design rights regime no longer adequately addressed the realities of digital design, 3D printing, and the growing importance of non-physical products.
The reform package, which comprises a recast directive and an amended regulation, seeks to address this, clarify and strengthen design protection, improve accessibility of design protection in the EU, ensure enhanced interoperability of design protection systems in the EU and harmonise the diverging spare parts protection regime across the EU.
Below, we examine the main changes that have been made to EU design law and highlight important dates and timelines that stakeholders should be aware of.
Timeline
The reform package came into force on 8 December 2024.
The revised regulation is being introduced in two phases, with the majority of the changes having begun to apply from 1 May 2025 (phase one) and the remainder due to apply from 1 July 2026 (phase two). EU member states must transpose the provisions of the recast directive into their national laws by 9 December 2027.
In the context of EU laws, regulations are binding legislative acts that apply directly across the EU. Directives set a goal for member states to achieve but leave the choice of how to achieve that goal to the individual countries.
Terminology changes
To make navigating the refreshed EU design laws a little easier, new terminology has been introduced:
- The Registered Community design is now to be known as the Registered European Union design (Registered EU design or REUD) while the Unregistered Community design becomes the Unregistered EU design (UEUD);
- The Community design court becomes the EU design court;
- The Community Design Regulation becomes The European Union Design Regulation (EUDR).
These changes took effect on 1 May 2025.
The main changes introduced by the amended regulation
Symbols, definitions and terminology
Similar to the copyright symbol commonly used to signify that copyright applies to works, a new symbol has been introduced for EU designs – Ⓓ – which will allow the holder of a registered EU design to give notice of their design right. This will raise awareness about the design registration and facilitate the marketing of products protected by that registration.
The definitions of ‘design’ and ‘product’ have also been widened. The concept of a ‘design’ now includes “the movement, transition or any other sort of animation” of its features. A ‘product’ now includes “non-physical” forms such as “the spatial arrangement of items intended to form an interior or exterior environment” as well as graphical user interfaces. The broadening of these definitions acknowledges how important it is to be able to protect the animation and digitisation of designs.
Visibility
Elements of a design that are not visible during use may now receive design protection, so long as all relevant features are shown in the design application. There are exceptions to the visibility clause – design protection does not extend to component parts of a complex product that are not visible during normal use, nor those that are not visible when the part is mounted. Protection will also not be afforded to those elements which in themselves do not fulfil the requirements of novelty and individual character.
Repair and spare parts
The old design regulation contained a transitional ‘repair clause’ which prevents design rights being awarded to spare parts of a complex product for the sole purpose of repair. The new regulation makes this clause permanent. The purpose of the repair clause is to prevent manufacturers from having product monopolies and ensure fair competition in the spare parts market.
As expected, there are exceptions to the repair clause – spare parts sellers must inform customers of the commercial origin and manufacturer identity when selling spare parts. The details of commercial origin and manufacturer identity must be clear and visible on one of the product, packaging or accompanying documents.
The repair clause has been included in the recast directive, with an eight-year transitional period being granted to allow existing national protection for spare part designs to expire. EU member states that currently provide design protection for spare parts, for which registration was applied for before 8 December 2024, can continue to provide this protection until 9 December 2032.
‘Must match’ spare parts are not afforded design protection, and this is immediately applicable for future designs – i.e. the eight-year transitional period does not apply.
Reproduction and counterfeiting
To protect rights holders against third parties using new technologies, specifically 3D printing, to reproduce their designs, EU design rights holders will have the right to prevent third parties from “creating, downloading, copying, sharing or distributing to others any medium or software which records the design” for the purpose of reproduction, without their permission.
The extension of design rights is not the only anti-counterfeiting tool introduced by the reform. Design right holders will also be able to prevent third parties from bringing infringing products into the EU, irrespective of whether the products are intended to be released into the commercial market. These measures will not apply where the third party can prove the right holder is not entitled to prohibit the products from entering the market in the country of final destination.
Application process
Applications for an EU design will now only be accepted at the EU Intellectual Property Office (EUIPO). The requirement of unity-of-class has been removed, allowing for multi-class filings, with the maximum number of designs allowed in a single application being limited to 50.
Fees
A standard design application fee has been introduced for EU designs, replacing the previous registration fee and publication fee. Fees for inspection of files and recording a transfer, but not a licence, have been abolished. Fees for issuance of certified copies and cancellation of the registration of a licence or other right, as well as for renewal of rights, have been increased.
Deferment
Where there is a request to defer publication of a design application – for example, for reasons of secrecy – the deferment fee must be paid at the date of filing. This defers publication for a period of 30 months from the date of application. Deferred publication no longer requires payment of a publication fee. This means that design applicants can no longer avoid publication by simply withholding payment. Instead, they must formally surrender their designs if they do not wish them to be published. This must be done no later than three months before the deferment period ends.
Calculation of renewal period
The calculation of the renewal period for EU designs has changed so it is now aligned with that of EU trade marks. This means that the basic renewal period will now be the six-month period ending on the date of expiry of the registration, not the last day of the month on which protection ends. The EUIPO will use the date of receipt of the owner’s request for renewal as the date for calculating the renewal fees. So, if a request is received prior to 1 May 2025, the old fees will apply; if received after that date, the new fees apply.
All the above changes took effect on 1 May 2025, save for the design representation regime changes – they come into effect, as part of phase two, on 1 July 2026.
The main changes introduced by the recast directive
Prior use
If a third-party can establish prior use which pre-dates the filing date or priority date of a registered design within a member state, the third-party will be entitled to limited exploitation of their design.
Non-registerable designs
Member states are permitted to introduce new grounds for non-registrability and invalidity on the basis of protection of cultural heritage. They will be able to deem a design non-registerable or invalid if it incorporates a specified symbol or element that is deemed to be of national interest.
Invalidity procedures
To ensure legal certainty, all grounds for invalidity and non-registrability must be established within the laws of the member state. In addition, member states will be able to provide administrative procedures for declaring design rights invalid, mirroring that available to EU designs.
Unregistered designs
Unregistered design rights can no longer arise at member state level. Protection for designs at a national level will only be granted to those that are registered. This includes in the Benelux states.
Deferment of publication
The recast directive mirrors the amended regulation in respect of the rules relating to deferment of publication, with the aim of making these rules uniform across all member states.
Looking ahead
While many of the above changes took effect from 1 May 2025, the most significant impact will occur on 1 July 2026 when the new design representation regime is introduced. From that date, it will become easier to obtain registrations for designs embodied in non-physical products. Notably, the current cap of seven images that can be submitted to represent a design will be removed – although the exact number of views allowed has yet to be determined.
Designs will also be able to be represented in digital formats, such as in jpeg files, rather than being limited to static images. In addition, digital filings will be permitted for national member state registered designs when the recast directive comes into force on 9 December 2027.
Once all provisions are fully implemented, it is expected that this will lead to a notable increase in both the volume and diversity of designs registered at both EU and national levels.
Written by
