Changes to Design Law in the European Union

On 1 May 2025, significant changes to the regulations governing the protection of industrial designs in the European Union will come into force. These amendments aim to modernize the framework in line with progress and to simplify the registration procedures.

Key changes include:

• Broadened definition of industrial design: Protection will be extended to cover digital designs, such as animations and user interfaces.

• Introduction of a registration symbol: A new symbol – a letter “D” enclosed in a circle – will indicate that a design is protected by registration.

• Simplified filing procedures: It will become possible to include designs from different Locarno classes in a single multiple application, thereby reducing official fees.

• Revision of fees: Fees for the initial 5-year protection period will be reduced to make design registration more accessible. However, renewal fees for subsequent protection periods will increase. (If your design protection is due for renewal within the next six months, it may be advisable to pay the renewal fee before 30 April 2025 to benefit from the current rates.)

• Introduction of a repair clause: This provision will allow manufacturers and sellers of spare parts to offer identical replacements of original components without infringing design rights, provided these are used to repair complex products (e.g., cars) in order to restore their original appearance.

• Terminology updates: The term “Community Designs” will be replaced with “EU Designs”.

• New infringements: The scope of the exclusive rights conferred by a design has been adjusted to cover 3D printing. Now, the creation, downloading, copying, and sharing or distributing to others any medium or software that embodies the design also constitutes an infringing use of the design.

What actions should be taken before the end of April 2025?

Since the new regulations take effect on 1 May 2025, it is recommended to:

• Review your product portfolio to assess whether your existing designs meet the new protection criteria – particularly if they involve digital elements or animations.

• Familiarize yourself with the new filing procedures, including multiple applications and updated fee structures, to plan your registration strategy effectively.

• Prepare for changes in fees by adjusting your budget to account for the revised registration and renewal costs.

If you have any questions regarding the impact of the new regulations on your existing designs, please do not hesitate to contact us >>

In summary, the EUIPO changes introduce both the formalization of existing procedures and new solutions to meet modern technological challenges. For businesses, this means greater clarity, potential cost savings in protecting a diverse product portfolio, and access to financial support. However, it also calls for a strategic approach to investments in design protection.