The EU design reform - an update

The new reform of EU's design legislation, which was published on 18 November 2024 and entered into force on 8 December 2024, preserves the existing dual structure by introducing a new European Design Regulation and a revised Design Directive. The legislative update constitutes a substantial modernisation of the EU design protection framework, particularly in response to technological advancements.

Purpose of the modernisation of the reform

The EU design reform is materialised in the new Design Regulation and the Design Directive. By clarifying key provisions, the reform aims to increase legal certainty. It also seeks to simplify procedures, reduce costs and improve harmonisation across the EU.

The Design Regulation will apply from 1 May 2025, although certain provisions - such as the introduction of new design categories and rules for digital designs - will not enter into force until 1 July 2026.

The Design Directive must be implemented into national law by the Member States no later than 9 December 2027.

Selected changes in the new Design Regulation

Reduced additional application fees - but higher renewal costs (1 May 2025): The application fee will remain EUR 350 for the first design, while the fee for each additional design has been reduced from EUR 175 to EUR 125 - making multiple filings more cost-efficient. However, renewal fees will increase significantly. The aim is to ensure that registrants maintain protection primarily for designs that remain commercially relevant.

Flexible application process (1 May 2025): Previously, applicants could include multiple designs in a single EU design application - but only if all designs fell within the same class under the Locarno Classification. This restriction has now been removed. Under the new rules, up to 50 designs from different Locarno Classes can be submitted in one application. This change simplifies the registration process for businesses handling diverse design portfolios.

Terminology Update (1 May 2025): "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).

Repair clause (1 May 2025): A newly introduced clause, set out in both the Design Regulation and the Design Directive, ensures that design rights do not apply to components used for repairing or restoring the original appearance of complex products. Therefore, manufacturers of complex products - such as car makers - will no longer be able to claim design protection for spare parts used solely to restore a product's original appearance. The provision aims to encourage a more competitive and open market for spare parts.
An eight-year transition period, running until 9 December 2032, allows national rules to continue applying to "must match" spare parts for which design protection was applied for or registered before 8 December 2024.

Cultural heritage protection (1 May 2025): Member States will now have 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.

Registration symbol (1 May 2025): A new Ⓓ symbol has been introduced to help design right holders clearly signal that a product is protected.

Expanded 'design' definition (1 July 2026): The definition of a design has been expanded to include movements, transitions and other forms of animation, marking a significant step towards protecting digital and dynamic design features. By this clarification, the reform reduces legal uncertainty and provides designers and businesses with clearer guidance on what qualifies for design protection in the digital age.

Broader 'product' definition (1 July 2026): The definition of a product has been expanded to include 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.