New EU Design Law

The revised EU Design Regulation and Directive entered into force on 8 December 2024 and will be applied in stages over the coming years. Most provisions of the Regulation will take effect on 1 May 2025 (“Phase 1”), while the remaining provisions will apply starting 1 June 2026 (“Phase 2”). The provisions of the Directive, in turn, must be implemented into the national legislation of member states within three years, by 9 December 2027.

The aim of the reform was to modernize and clarify design legislation. The new rules better account for, i.a., rapid technological development and principles of sustainability, which are significant factors in today’s business environment.

Design rights protect the appearance of new products and/or their parts, such as the appearance of physical or virtual products, product packaging, graphic symbols, graphical user interfaces, logos, typefaces, and even movement of the features of the designs.

Below are some key changes introduced by the new EU design legislation:

Terminology Alignment

The term “Community” will be substituted by “European Union” throughout the legislation. From now on, the terms European Union Design Regulation (EUDR), Registered EU Design (REUD), Unregistered EU Design (UEUD), and EU Design Court will be used.

The change of name of the Office to European Union Intellectual Property Office (EUIPO) was already changed after the last trademark legal reform.

Definition of Design and Changes to Exclusive Rights

The definition of a design now explicitly includes also movement of the features (e.g., animations), and the definition of a product has been refined to explicitly include non-physical items. These changes mean design protection can now be applied more effectively also in the virtual environments.

Additionally, creating, downloading, copying, sharing, or distributing any medium or software that records the design will constitute infringement. Furthermore, the revised wording limits the design right in certain uses, such as identifying and referencing a design when describing product compatibility or for commentary, criticism, or parody. Like in trademark law, design right holders can now prevent the transit of infringing products through the EU. These among the other changes align design and trademark law more closely, simplifying the assessment of IP infringements and addressing issues such as 3D printing more effectively.

Permanent Repair Clause for the EU

The repair clause clarifies an exception to design rights that applies to spare parts used for repairing complex products. In practice, this means design rights cannot prevent the use of a design in spare parts intended to restore a product to its original appearance, such as car parts. The spare part must match the original design, and sellers or manufacturers must clearly state the product’s origin.

This change aims to harmonize the fragmented approach to spare parts in EU design law while supporting the circular economy. The clause has been included in the new Directive, and member states have eight years to implement it into national law.

Changes to Fees and Application Processes

The filing date will now be assigned only after the application fees have been paid. Up to 50 designs can be applied for simultaneously using the same form, without classification restrictions. Renewal applications must be submitted no later than the expiration date of the registration, whereas previously, renewals could be filed until the end of the month in which the registration expired. Late renewals can be filed within six months after the expiration date for an additional fee.

Application fees will be simplified and largely reduced, but renewal fees will see significant increases. The new fees will apply starting May 1, 2025, so it is advisable to file renewal applications before this date when possible.

Introduction of the new Registration symbol (D)

Holders of the registered designs will have the option to mark their products with a new design notice (a letter “D” inside a circle). This symbol corresponds to the ® symbol used for registered trademarks.