The European Union has introduced two new legal acts to protect designs within the EU territory: a revised Directive on the legal protection of designs and an amended Regulation on Community Designs. This reform, which has been in the works for over 20 years, reflects the latest trends in design protection. It aims to enhance protection in the era of artificial intelligence, digital design, and 3D printing.

The majority of the Regulation’s amendments will take effect on May 1, 2025. However, some provisions will come into force later. Meanwhile, Member States will have a longer period to implement the Directive into their national legislation.

Progress Driven by Technology

The definition of “design” has been expanded to include animations—designs with moving images.

The list of products considered objects of design protection has been reviewed and broadened. Protection will now be granted to a product regardless of whether it is embodied in a physical object or exists in a non-physical form.

The scope of exclusive rights granted by a design has been adjusted to include 3D printing. Now, the creation, downloading, copying, sharing, or distribution of a design fixed in any medium or software to others will constitute an infringement.

New limitations to exclusive rights have been introduced, including for commentary, criticism, or parody. These actions are permitted to safeguard freedom of expression.

The Right To Repair

A significant “repair exception” has been introduced, providing an exemption from design protection for spare parts used to repair composite products (e.g., cars). This exception means that a design that is part of a composite product, intended for its repair and the restoration of its original appearance, will not be protected. This exception applies exclusively for repair purposes, and the replacement part must match the appearance of the original part. For instance, companies will be allowed to produce car bumpers without the design being protected.

Design owners will now be able to mark their products with a design notice to increase awareness about the design registration and the rights granted by it. The design notice will consist of the letter “D” enclosed in a circle.

Updated Fee Structure

The fee structure has been revised, with renewal fees increased. These changes aim to retain only active, market-relevant designs. It is recommended to renew existing designs before May 1, 2025, as applications submitted before this date will still be subject to the old fee structure.

The “one design class” requirement has been abolished, meaning it will now be possible to register more diverse designs in a single application.