Between 2025 and 2027, the new Regulation will modernise the European Union's design system by strengthening, simplifying and harmonising design protection in all Member States, with benefits for companies and individual designers5 February 2025
More than 20 years after its introduction, the new European design legislation has recently been published, updating the rules of design protection in the coming months and years to the changes and technologies of modern times.
A long-awaited and necessary reform, which will enable even more companies and designers to fulfil their potential and play an increasingly strategic role in the European economy.
The new European Design Regulation (EUDR) 2822/2024 will be applicable from 1 May 2025, but provisions requiring secondary legislation, including new types of designs and digital designs, will be effective from 1 July 2026.
The European Design Directive (EUDD) 2823/2024 has entered into force on 8 December 2024, giving EU Member States until 9 December 2027 to transpose it into national legislation, potentially including administrative cancellation proceedings and the spare parts clause.
Our Highlights
What are the biggest changes introduced in the new EU design law reforms package?
The new EU Design Law Reforms Package introduces several transformative changes. Key among them is the expansion of protection to include digital and 3D printed designs, addressing the growing importance of these technologies in the modern economy. Additionally, the reforms clarify acts of infringement related to 3D printing and introduce new repair clauses for complex products, enhancing legal clarity and enforcement. Importantly, a deposit can now protect more products across various Locarno classes, translating into fewer costs for businesses. These changes aim to make the design protection framework more adaptable, affordable, and predictable, aligning with both current and future technological advancements.
Are there are any stakeholders/industries that will benefit, in particular, by the reforms?
The new EU Design Law Reforms Package is poised to benefit SMEs and individual designers by making design protection more accessible and cost-effective. The expanded scope to include digital and 3D printed designs will particularly aid tech and creative industries. However, industries reliant on mass-produced generic designs might face challenges adapting to stricter enforcement and broader protection measures. Overall, the reforms aim to balance innovation with fair competition, but some sectors may need time to adjust to the new legal landscape.
Are there any changes to EU design law that you could have been included in the reforms, that weren’t? Or any provisions included that are found to be problematic or challenging?
While the new EU Design Law Reforms Package introduces several positive changes, some aspects could have been further improved. For instance, greater clarity and guidelines on the enforcement of design rights across different jurisdictions would benefit businesses. Additionally, more explicit measures to address the challenges posed by online infringements and counterfeit designs would enhance overall protection. The reforms could also streamline the appeal process for rejected design applications, making it less cumbersome for applicants. Despite these areas for improvement, the reforms still represent a significant step forward in modernizing EU design law.
Practical Implications for Design Holders
The changes in the new European legislation aim to enhance protection and adapt to digital advancements, urging businesses to prepare for the evolving legal landscape.
Renew designs before fee increases on 1 May 2025
Reconsider filing strategiesby 1 July 2026 for new digital designs
Utilize direct EU design filings to benefit from new features
Summary of the new EU Design Legislation
New definition of design
(effective 1 May 2025)
Now called ‘Community Design’, it will be called ‘European Union Design’, consistent with the change in terminology that has already taken place for the European Union trade marks.
A univocal symbol Ⓓ will be officially recognised to indicate that a product is protected by registered design, comparable to the ® symbol already provided in the trade mark regulation, but containing the letter ‘D’.
Unity of Class Requirement Removed
(effective 1 May 2025)
With a single application, products belonging to different Locarno classes can be protected. This novelty is particularly favourable for companies that will only have to pay one fee for filing a multiple model, as it is no longer necessary to file as many multiple models as the different Locarno classes the various products belong to.
Limit of 50 designs per application.
Simplified Fee Regime
(effective 1 May 2025)
EU design fee remains EUR 350; reduced fee for multiple designs.
Increased renewal fees, except for international registrations designating the EU.
3D Printing and Goods in Transit
(effective 1 May 2025)
Protection against 3D printed copies and counterfeit goods in transit
Visibility Requirement Clarified
(effective 1 May 2025)
Features must be visible in the application but not necessarily during use.
New Types of Designs
(effective 1 July 2026)
Broadened definition to include digital designs, animation, visual effects, and user experiences.
Expanded to protect graphic works, logos, surface patterns, GUIs, and both physical and digital products.
New Representation Requirements
(effective 1 July 2026)
Number of design views no longer limited to seven.
Secondary legislation to determine exact views, disclaimers, and technical standards.
Fast Track Invalidity Proceedings (effective 1 July 2026)
For uncontested invalidity cases.
Repair Clause
(to be trasposed by 9 December 2027)
Exempts design protection for spare parts used for repair.
Administrative Design Invalidity Proceedings
(optional, by 9 December 2027)
Encouraged for efficient and quick invalidity declarations.
Contact us for more information: our consultants are at your disposal to help you choose the best protection strategy under the new legislation.
EU IP Codes 2.0 is the brand new version of the first application to consult all the European and Italian Regulations on Industrial Property in one app.
