The EU design reform: New regulation and directive adopted

New definitions of "design" and "product"

Technological developments have created new types of design that are not linked to physical products. To accommodate these developments and ensure future relevance, the definitions of both "design" and "product" have been updated.

The concept of design has now been extended to include movements, transitions and other forms of animation, making it possible to protect a wide range of digital designs, such as lighting effects and NFTs. 

At the same time, the product definition has been specified to include graphic works, logos, surface patterns and graphical user interfaces (GUI).

Spare parts protection is phased out

In the future, manufacturers of complex products, such as car manufacturers, will no longer be able to obtain design protection for spare parts specifically used for the purpose of permitting the repair of a product so as to restore its original appearance ("must match parts").

With the current rules, it has not been possible to obtain EU design protection for must match parts. However, it has been possible to obtain Danish design protection, but with a shorter duration - 15 years instead of the 25 years that otherwise applies.

The change aims to prevent monopolisation among original spare parts manufacturers, promote innovation and give consumers more choice in spare parts. The legislators have introduced a transition period of eight years, which means that the existing national rules for design protection of must match parts will be valid until 9 December 2032.

New symbol for registered designs

To make it easier to market design-protected products, the Ⓓ symbol has been introduced. The symbol is intended to allow right holders to make the outside world aware that their products are design protected. The initiative is also expected to increase awareness of design registration schemes - both at the EU and national level.

Changes in the application area

Until now, it has been possible to file multiple applications for registration of EU designs, which means that several designs could be included in one application. However, it was a requirement that all designs in a multiple application had to belong to the same class in the International Classification of Industrial Designs ("Locarno Classification").

The new rules remove this requirement, allowing applicants to include up to 50 designs from different Locarno Classes in a single application.

The fee for applying for an EU design registration remains unchanged at €350, while the fee for each additional design in a multiple application has been reduced from €175 to €125.

The rights of design holders are extended

The rights of design holders are extended so that holders can prohibit third parties from downloading, copying or making available media or software for the purpose of reproducing the design. In practice, this extension is particularly relevant for 3D printing technologies that can be used to make unlawful copies of protected designs.

The visibility requirement

In order to obtain design protection, the design elements of a product must be visible in the application for registration. The new rules clarify that there is no requirement for the elements to be visible during normal use, i.e., when the end user is using the product, in order for the protection to be maintained.

However, an exception applies to complex products, where components can only be granted design protection if they are visible during normal use of the product in question.

Timeline

Both the recast directive (Directive 2024/2823 of the European Parliament and of the Council) and the amended EU Design Regulation (Regulation 2024/2822 of the European Parliament and of the Council) entered into force on 8 December 2024.

Member states have until 9 December 2027 to implement the Directive in their national legislation. Most of the provisions of the Regulation will take effect from 1 May 2025.

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