The EU design reform has now been published - what to look for

Modernisation of the EU design protection 

The design reform was driven by, among other things, the rapid growth of design-intensive industries, which now contribute nearly 16% of the EU's GDP and employ 14% of its workforce.

This legislation marks a significant step forward in modernising EU design laws by reducing design-related costs, simplifying the EU registration process, and harmonising procedures between EU and national systems.

Selected upcoming changes

• Reduced application fees: The standard fee for design applications has been reduced from EUR 350 to EUR 230, making the process more accessible. Additional designs can now be included at EUR 125 per design, with a fee of EUR 175 per design for applications covering 2-10 additional designs.
• Flexible application process: Applicants will soon be able to include multiple designs in a single application, even if the designs span different Locarno Classes. This change simplifies the registration process for businesses handling diverse design portfolios.
• Expanded 'design' definition: Registered Community Designs (RCDs) will be renamed Registered EU Designs (REUDs), while Unregistered Community Designs (UCDs) will be referred to as Unregistered EU Designs (UEUDs). Additionally, the definition of a design has been updated to include "movement, transition, or other types of animation", accommodating the growing relevance of digital and animated design features.
• Broader 'product' definition: The definition of a product has been expanded to encompass any industrial or handicraft item, excluding computer programs, "regardless of whether it is embodied in a physical object or materialises in a non-physical form". Consequently, symbols, logos, surface patterns, NFTs, and animations are now recognised as products.
• Repair clause: A newly introduced clause ensures that design rights do not apply to components used for repairing or restoring the original appearance of complex products. This provision aims to encourage a more competitive and open market for spare parts. Manufacturers and sellers are also required to disclose the commercial origin and producer of the product to promote transparency.
• Cultural heritage protection: Member States now have the authority to block the registration of designs that improperly exploit elements of cultural heritage, such as monuments, artifacts, or traditional crafts, ensuring their preservation and respecting their cultural significance.

Want to know more?

Read the European Council's issued press release here.

The reform package comprises Regulation (EU) 2024/2822 of 23 October 2024 and Directive (EU) 2024/2823 of 23 October 2024. 

Plesner's IP team are also available for advice on the design reform.