April 07, 2025
The reform of the European Union Design law
As is well known, DESIGNS are intended to protect the external appearance of a product, regardless of its technical characteristics or trademark. A design model defines an industrial property right, the protection of which is obtained by filing photographs, drawings, or renderings of the product or parts thereof. In the European Union (at the EUIPO), for example, coverage can be obtained at a very low cost in all 27 member countries.
Protection is not limited to exact copies but extends to the overall impression created on an informed user.
We hereby inform you that on December 8, 2024, amendments to EU Regulation no. 6/2002 on Community designs (hereinafter "designs" for short), which will enter into force on May 1, 2025.1
The stated purpose of the reform is to "promote and create a well-functioning internal market and facilitate the registration, administration, and protection of design rights in the Union, where appropriate, for the benefit of growth and competitiveness."
We have summarized below the main innovations introduced by the "EU Design Package" of interest to businesses.
1) Terminology and symbols to be used
The terminology of the amending regulation is adapted to the wording of the Lisbon Treaty, so all references to the "Community" are replaced with references to the "European Union" or, in some cases, the "Union."
Therefore, for example, the "Community Design Regulation" will become the "European Union Design Regulation (EUDR)", the "Registered Community Design" and the "Unregistered Community Design" will become the "Registered EU Design (REUD)" and the "Unregistered EU Design (UEUD)".
As with the registered trademark ® and the copyright ©, a Ⓓ symbol may also be used for registered designs. This symbol may be displayed on products and promotional displays, making it clear to consumers that the product is protected by a registered design.
2) Elimination of the "Unity of Class" requirement and fees
The "Unity of Class" requirement has been eliminated. In other words, while previously it was possible to file a multiple application for multiple designs only for similar products, i.e., products listed in the same Locarno class, the reform now allows multiple applications for multiple products, even those of completely different types and therefore belonging to different Locarno classes. At the same time, a limit of 50 designs has been introduced for each application to ensure easier management.
The new regulatory regime provides for the unification of registration and publication fees into a single filing fee and, in the case of multiple applications, the introduction of a flat fee per additional design. The changes will result in new renewal fees, the introduction of a new fee for continuing the proceedings and amending a registered EU design, and the elimination of certain fees, such as late payment of registration fees or deferral of publication. The fees for applications for a declaration of invalidity and appeal have also been reduced.
3) Definitions
The definition of "design" has been expanded to include animation, understood as a broad term encompassing both movement and transition. Animation is considered a progressive modification of the feature or features of the design, with or without maintaining their identity.
The definition of "product" has been revised to explicitly include non-physical elements (e.g., designs that appear only on screen or on virtual platforms). The legal definition now expressly includes assortments of articles, spatial arrangements of objects intended to create an interior or exterior environment, and parts intended to be assembled into a complex product, as well as graphic works or symbols, logos, surface patterns, and graphical user interfaces.
4) Greater protection against copying
Given the growing diffusion of 3D printing technologies in various sectors, the new rules broaden the scope of design protection to expressly include the right of the owner to prohibit the creation, downloading, copying, sharing, or distribution to third parties of any media or software in which the design is registered, for the purpose of enabling the production of a product that constitutes an infringement of the protected design.
Also with a view to strengthening design protection against counterfeiting, it is envisaged that counterfeit products originating from third countries may be blocked as a precautionary measure by the rights holder before they are even placed on the market, in particular in all customs situations including transit, transshipment, warehousing, free zones, and temporary storage, even if the products are not intended to be placed on the market in the Member State concerned (subject to subsequent demonstration that the design is protected in the country of final destination).
The purpose of the Design Package is to modernize the provisions regarding design protection within the European Union. Technological innovation represents an economic advantage for businesses, and the innovations introduced by the European legislator are intended to provide businesses with modern tools for protecting and promoting innovation and creativity.
Our firm's professionals are at your complete disposal for further information or clarification on this topic.
Luca Gallo – Martina Polo
1 Further amendments to the regulation will come into force in December 2027, when the provisions of the new Directive (EU) 2024/2823 on the legal protection of designs will be directly applicable in all EU Member States.
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