Changes to European Union design law

Terminology – All Community designs (CDs) will now be called EU designs (EUDs). Therefore, registered Community designs (RCDs) become registered EU designs (REUDs), and unregistered Community designs (UCDs) become unregistered EU designs (UEUDs).

Registration symbol – It is now possible to inform the public that an EU design is registered by using the new ‘design notice’. This is achieved by placing the letter ‘D’ within a circle (Ⓓ). Displaying this information to the public could help prevent infringement by parties that otherwise wouldn’t have known the design was protected by a design right.

Modernised definitions of product and design – Designs protect products, and they each have new definitions. The definition of ‘design’ has been broadened to include movement, transition or animation of features that contribute to the appearance of a product. 

The definition of ‘product’ has also been broadened, as it now includes non-physical items such as digital creations. The new product definition also includes the arrangement of items (either physical or non-physical) intended to form an interior or exterior environment, such as shop layouts or a virtual video game scene.

It is worth noting, however, that the new design representation that will facilitate protection of these new types of products and designs comes into force as part of the secondary legislation (1 July 2026).

Unity of class – There is no longer a requirement that each EU design in a multiple design application has to belong to the same ‘Locarno’ classification. The practicality of this is that applicants can benefit from the significant discounts of filing multiple design applications, whilst not having to worry about each design being of a different type to one another. Please note that the new regulation defines a maximum of 50 designs which can be filed in a EU multiple design application.

Permanent repair clause – The new regulation includes a permanent ‘repair clause’ for REUDs, the repair clause prevents the protection of ‘must match’ spare parts. As an example, car bumpers cannot benefit from design protection as they depend on the appearance of the car. The repair clause will promote competition in the spare parts market, as consumers will have more choice over the manufacturer they purchase from.

3D printing – The rights conferred by an EU design are expanded to implicitly recite 3D printing as a prohibited act. In particular - creating, downloading, copying and sharing or distributing any medium which records the design now prohibited under the new legislation.

Referential use defence – The rights conferred by an EU design are limited such that acts carried out for the purpose of identifying or referring to a product as that of the design right holder are allowed (for example, comparative advertising). Furthermore, acts carried out for the purpose of comment, critique or parody are now allowed.

Visibility requirement – The new legislation clarifies that features of a product do not have to be visible to benefit from design protection. The exception to this provision remains for component part of a complex product which must be visible during normal use of the complex product.

Renewals – Renewal fees of EURDs have increased. In particular, the renewal fee of the EURD towards the end of the lifespan has increased significantly. It is also important to note that the due dates for renewal fees are now the anniversary day of the filing date, whereas they were previously the end of the anniversary month.

Deferment of publication – There is no longer a publication fee which deferred publication depends on. Publication will now occur automatically at the end of the deferment period (if deferment is requested). In order to prevent publication from occurring, applicants must surrender the design at least three months prior to the end of the deferral period. 

Misalignment with the Hague system – Certain aspects of this legislative reform are misaligned with the international Hague system. For example, the Hague will continue to examine for unity of class, and the new design representation expected in the second phase of legislation will not apply to the Hague system. This could mean that multiple design applications covering several different classes could be more cost-effective as REUDs rather than as EU designations of Hague applications.

What’s next – Phase 2 (effective from 1 July 2026) will introduce further amendments to the legislation, such as the new design representation provisions for protecting the new definitions of products and designs. Furthermore, EU members states will have until 9 December 2027 to transpose the provisions of the directive into their national laws.