The new EU design legislation: key updates and changes

Given the scope and vastness of the reform, we aim to provide an analysis of the key aspects of the new legislation, its implementation timeline and its anticipated future impact.

Key legislation

The EU design reform is comprised of the following key legislation:

1. European Design Regulation (EUDR): Amending Regulation on Community Designs No. 2024/2822, applicable from 1 May 2025, while provisions that require implementation for secondary legislation will be effective from 1 July 2026[1].
2. European Design Directive (EUDD): Recast Directive on the Legal Protection of Designs No. 2024/2823, entering into force on 8 December 2024, with a transposition deadline for EU Member States by 9 December 2027[2].

Overview of major changes

As with any reform, there has been a major overhaul with regard to designs, ranging from terminology to the scope of protection and requirements. Below we summarise the main changes that will be introduced by the new legislation.

1. Terminology and structural changes
   

   
   Once the legislative reform comes into effect, gone will be the days of the terms "Registered Community Designs" ("RCD") and "Unregistered Community Design" ("URCD"), as they will become "Registered EU Design" ("REUD") and "Unregistered EU Design" ("UEUD").

   Moreover, holders of REUD will be allowed to use the newly created symbol Ⓓ, which is similar to ® for trademarks and © for copyright. This will indicate to third parties that the relevant products are protected as designs.
   
   

2. Expanded scope of design protection
   

   
   The broadened definition of designs and products will give applicants a greater scope of protection.

   Firstly, designs will now be able to include animation, which is considered as the movement and transition of any of the respective features, with or without retaining their identity. Simply put, this extends protection to a wider range of digital designs, visual effects and more.

   By incorporating animation into the definition of design, the legislation acknowledges the importance of modern digital designs that go beyond static representations. This ensures that designers can protect innovative features that involve motion, enhancing the scope of design protection and encouraging creativity in digital and interactive media.

   Secondly, the definition of "products" has been revised to include both physical and non-physical items, where protection can be granted even for spatial arrangements, symbols, logos, surface patterns and graphical user interfaces. This clarification introduces a new avenue of protection for applicants in the technology sector, particularly for virtual environments and UIs.

   The expanded definitions of "design" and "product" have far-reaching implications for design applicants and the market. By recognising animation and non-physical items, the new legislation provides a more inclusive and adaptable framework for design protection. This is crucial for fostering innovation, as it allows designers to secure rights for a broader array of creative works.

   Additionally, these changes give way to new challenges brought forth by all aspects relating to 3D printings. Holders will be able to use REUDs as grounds for infringement claims against third parties concerning the creation, downloading, copying, sharing or distribution of any medium or software that records the respective design.
   
   

3. Limitations of exclusive rights
   

   
   While definitions and the scope of protection will be extended, new limitations will also be established to ensure fair trade and access to free speech. These include (i) identification and referencing, and (ii) comment, critique or parody.

   Identification and referencing will make interoperability possible, preventing REUD holders from exercising their exclusive rights against third parties that reference goods protected by those designs.

   The second new limitation excludes REUD holders from their rights to challenge actions by third parties that parody or critique the designs, ensuring the protection of free speech in EU Member States.
   
   

4. Repair clause
   

   
   The transitional "repair clause" has now been solidified as a permanent provision within the new EU design legislation, specifically articulated in Article 19 of the Recast Directive, which will be transposed by EU Member States. This clause delineates a crucial exception to design protection for spare parts used in the repair of complex products, such as cars. It explicitly states that design protection does not extend to a component part of a complex product if the part is used solely to restore the product's original appearance. This exception is strictly confined to repair purposes, and it mandates that the replacement part must visually match the original part.

   The inclusion of this clause is a strategic move to address significant disruptions in the internal market for repair spare parts, such as bumpers and other automotive components. Prior to this reform, the legal landscape for design protection of spare parts was fragmented, leading to inconsistencies and barriers within the EU market. By establishing a uniform approach, the new clause aims to harmonise the rules across Member States, facilitating smoother trade and competition.
   
   

5. Procedural simplifications
   
   To provide a more user-friendly experience and more uniform applications, as well as to streamline proceedings, the filing process will be centralised. As a result, EU design applications will no longer be submitted through national offices but must be filed directly with the European Union Intellectual Property Office (EUIPO).
   
   Once the reform is fully implemented, the "unity of class" requirement will be removed. This allows for a wider variety of designs to be included in a single application. However, to maintain manageability, a limit of 50 designs per application has been introduced. Additionally, the fee structure for multiple design applications has been simplified, making it easier for applicants to protect a diverse range of designs under one filing.
   
   Regarding the renewal of REUDs, the process has been aligned to that of EU trademarks. Consequently, the basic renewal period is now the six months leading up to the registration's expiry date, rather than the last day of the month in which protection ends. This alignment simplifies the renewal process and may reduce costs for businesses.
   
   Accordingly, the renewal fee structure has been revised to better protect active and market-relevant designs. Notably, the EUIPO will consider the date of receipt of the renewal request as the reference point for determining the applicable fees. Requests submitted before the new fee structure takes effect will be subject to the old fees, while those submitted afterward will incur the new fees.

Future impact of the EU design reform

From a practical standpoint, the following future implications should be considered:

• Starting 1 May 2025, EU design renewal fees will increase significantly. Design holders with upcoming renewals should act promptly to secure the current, lower fees before this deadline.
• Design holders are well-advised to reassess their filing strategies before 1 July 2026. They should consider the possibilities introduced by the new types of digital designs that will become available after this date. This could result in better protection of their products and improved commercial outcomes.

While the changes discussed above are merely a small part of a broader reform, we believe that the new EU design legislation will significantly enhance the protection and enforcement of design rights in the EU across various stages of implementation starting in 2025. This responds to the new challenges of the digital age, such as 3D printing and the widespread use of apps.

Moreover, the harmonisation of design laws across Member States will reduce administrative complexity and increase legal certainty for design holders. This includes an expanded scope of protection and procedural simplifications, making it easier to secure and enforce rights while fostering innovation and competition in the EU market.

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[1] Regulation - EU - 2024/2822 - EN - EUR-Lex

[2] Directive - EU - 2024/2823 - EN - EUR-Lex

author: Tiberiu Protopopescu