EU Design Legislation Updates

Overview

The European Union (EU) has embarked on a significant overhaul of its design framework. The revision of current legislation aims to modernize and strengthen existing design protection across the EU, ensure preparedness for the digital age, while also aligning design protection with trade mark rules. In doing so, it is hoped, according to the European Union Intellectual Property Office (EUIPO), that the new legislation will “enhance predictability and harmonise EU design protection with Member States’ national laws, benefitting designers, SMEs and businesses alike”.

The new European Design Regulation (EUDR) and the European Design Directive (EUDD) are at the heart of this legislative transformation. A “regulation” is a binding legislative act that must be applied in its entirety across the EU. A “directive” is a legislative act that sets out a goal that EU countries must achieve, however, it is up to the individual countries to devise their own laws on how to reach these goals. The EUDR will be applicable from 1 May 2025, with certain provisions requiring secondary legislation effective from 1 July 2026. The EUDD entered into force on 8 December 2024, giving EU Member States until 9 December 2027 to transpose it into national law.

When in force, the designs regime will simplify the rules and make the system more user-friendly. It also helpfully harmonises the rules both across the EU and with other IP regimes such as the EU trade mark regime.

Following the introduction of the EU’s new design package we will see some areas of divergence with the UK’s design regime. In response, the UKIPO has launched a survey which invites feedback from the UK design industry on the legal framework for design rights. We will, of course, await the results of this consultation and report on any outcomes.

Important Changes

Perhaps one of the most obvious changes is the renaming of Community Designs to European Union Designs (EUDs), and the Community design courts to EU design courts. The aim is to ensure consistency with the European trade mark terminology. Additionally, the introduction of the design registration symbol 'Ⓓ' will help raise awareness of design protection, akin to the ‘®’ and '©' symbols for trade marks and copyright respectively.
Turning to the new legislation, the following should be noted.

Expansion of ‘design’ definition

The definition of 'design' has been updated and expanded to include the ‘movement, transition or other sort of animation’ of the ‘lines, contours colours, shape, texture and/or materials, of the product itself and/or of its decoration’. The aim, to ensure the legislation is fit for the digital age and for future technological developments. The product definition now also includes sets of articles and spatial arrangements, allowing for the protection of both tangible and non-physical products, such as interactive interfaces and virtual environments. Furthermore, applicants will be allowed to file for multiple design applications covering designs falling into different classes, without being restricted to products of the same nature.

As such, the EUDR reforms the unitary designs regime. Under the Amending Regulation, registered Community designs (RCDs) are called registered EU designs (REUDs) and unregistered Community designs (UCDs) are called unregistered EU designs (UEUDs).

Article 3 of the EUDD makes clear that ‘Member States shall protect designs solely through the registration of those designs’ and ‘shall confer exclusive rights upon their holders in accordance with this Directive’. Unregistered design protection will still be available on a pan-EU basis, in the form of the UEUD.

Visibility Requirements

The visibility requirements have been clarified, with the legislation stating that “design features of a product do not need to be visible at any particular time or in any particular situation of use in order to benefit from design protection”. An exception to that principle applies to the design protection of component parts of a complex product that need to remain visible during normal use of that product. However, the application for a registered EU design does require “a sufficiently clear representation of the design, which permits the subject matter for which protection is sought to be determined”.

3D Printing

The reform also addresses the challenges posed by 3D printing technologies. The new legislation provides that the “creation, downloading, copying and making available of any medium of software which records the design for the purpose of reproduction of a product that infringes the protected design, constitutes use of the design which should be subject to the right holder’s authorisation”.

Counterfeit Goods

There are new design protection rules against counterfeit goods in transit in the EU. The design right holders shall be entitled to “prevent entry of infringing products and the placement of such products in all customs situation”, including, in particular “transit”. 

Permitted Acts

Reproducing a design for citation or teaching purposes, using it referentially in comparative advertising, employing it for artistic expression, or utilising it for commentary, critique, or parody, shall be deemed permissible and will not constitute an infringement of design rights, provided these actions align with fair and honest trade practices

Fee Regime

A new simplified fee regime will be introduced, as set out in Annex 1 of the EUDR. Whilst the EU design fee remains at the same level, EUR 350, the staggered renewal costs for renewal period now incorporates a higher increase for the third and fourth renewal periods – EUR 400 and EUR 700 respectively. An analysis of the new fee regime was undertaken by Charlotte Duly, Head of Brand Protection, in the following article - EU Designs: Upcoming increases in renewal fees and amendments to renewal deadlines.

Repair Clause

The 'repair clause' is a critical addition. Under this clause, “protection shall not be conferred on a registered design which constitutes a component part of a complex product upon whose appearance the design of the component part is dependent” and which is used for the sole purpose of the repair of that complex product so as to restore its original appearance. This would, for example, extend to and include car doors and car body panels, where these components must be reproduced in a form that is identical to that of the parts being replaced. To facilitate a smooth transition, there is an 8-year transitional period, until 9 December 2032, during which existing national designs of component parts will continue to enjoy protection.

Invalidity proceedings

Fast track invalidity proceedings will be available from 1 July 2026 for uncontested cases, providing a quick resolution for clear-cut cases. While national administrative design invalidity proceedings will not be mandatory, Member States are encouraged to provide efficient procedures for the declaration of invalidity of a registered design right, similar to the procedure already established for national trade marks.

Implications

The implications of these changes are far-reaching. Design holders should consider renewing their designs before the fee increase in 2025 and reevaluate their filing strategies to include the new types of digital designs available from July 2026. The EU design system's new features will be particularly advantageous for direct EU design filings, as some features will not be immediately included under the international Hague design filing system.

As the EU agency responsible for design protection, the EUIPO has been instrumental in supporting the European Commission's efforts to modernize the design system. The Office is updating its IT systems, tools, and guidelines to ensure a smooth transition for all stakeholders. This legislative reform package will ultimately benefit designers, SMEs, and businesses by enhancing predictability and harmonizing design protection with national laws.

Further to this, the EUDD has sought to make the rules relating to deferment of publication uniform across all Member States. Applications for national designs will be able to request deferment of publication of a period of 30-months from the date of application.

For more information on the new EU design legislation and its national implementation, please contact a member of our team. 

Co-authored with Matthew Clark.