Companies and designers who regularly design or use products will have quite a few changes to deal with in the future: the first part of the European design law reform came into force on May 1, 2025. The legislative overhaul essentially includes the new Design Directive (EU) 2024/2823 and the amended European Union Design Regulation (EU) 2024/2822. These two legal instruments will modernize European design law and adapt it to align with an increasingly digital product world. But what exactly does that mean?
New definitions and terms
The outdated term “Community design” has been replaced by “European Union design” in the Regulation and in the Directive. The definition of the terms “European Union design” and “product” has also been revised to reflect technological developments: for the first time, digital creations can now also be explicitly protected (with the exception of computer software, the protection of which continues to be governed by copyright law).
Broader scope of protection: Digital and dynamic designs
The scope of protection has significantly widened: before now, it was mainly possible to register static product images as designs under design law. In the future, it will also be possible to register dynamic and purely digital formats, including animations, movements, transitions, changing color and light patterns, digital spaces, and products in the metaverse or in computer games. This is provided that these formats can be made accessible and visible to the public. One particularly interesting and unresolved matter is how authorities and courts will classify the relationship between static and dynamic design reproductions for an identical or similar product. Could a dynamic representation constitute the “novelty” required compared to a static representation of the same product? And, will a dynamic registration automatically mean that each individual status is also protected?
Repair clause: Greater competition in the spare parts market
One of the changes to the legislation concerns spare parts. Until now, design rights have been used to prevent third parties from manufacturing and selling replicas of visible spare parts for complex products (e.g. car mudguards). However, the “repair clause” will restrict owners of such design-protected spare parts in the future, as the clause allows third parties to manufacture and sell such parts. This is provided that the part in question is a component of a complex product, that it is used exclusively to repair the product and restore its original appearance, and that the design of the part is dictated by the overall design of the product (“must match”). Manufacturers or sellers of such spare parts must inform consumers about their commercial origin and the identity of the manufacturer, for example by means of a clear and visible indication on the spare part.
This clause arose in connection with the European Commission’s Green Deal, which aims to reduce the consumption of raw materials and minimize waste. The clause is intended to drive competition in the spare parts sector in order to promote repairs and the circular economy. Germany has already implemented such a design clause in its national legislation, which means that no major changes are expected in this respect.
New labelling option: The “circled D”
Like the familiar circled C (©) in copyright law, a new symbol is being introduced: the “circled D” (ⓓ). This can be used to identify a registered design. It aims to ensure more transparent communication of the protection status and to deter potential imitators more effectively.
No general visibility requirement
One important change in the new Regulation concerns the question: Do the characteristics of a product have to be visible during normal use of the product to be protectable? This was previously disputed. However, the two reformed legislative acts now clarify that permanent visibility is not required for design protection – with the exception of the special provision concerning components of complex products. The appearance of an implant inserted into a patient’s body, for example, is also eligible for protection. The entire appearance to be protected must be depicted in the design application.
New transit rule
There are also new rules regarding the transit of products that are suspected of infringing a registered design: in the future, the owner of a registered design will be able to take action against such products even if they are only transported through the European Union or individual member states – even if the final destination is outside the EU. This is provided that clear design protection exists in the country of transit. In such cases, transit may be prohibited unless the carrier can prove in a customs procedure that no injunctive relief under design law exists in the destination country. This rule – analogous to the practice already existing in trademark law – strengthens the position of rights holders markedly and helps to combat design piracy more effectively.
New fee structure and registration procedure
The reform simplifies the registration procedure as the “one-class” requirement for filing multiple design applications has been abolished and designs no longer have to fall within the same Locarno class. As a result, applicants will benefit from substantial discounts when filing multiple design applications from now on.
The fees for design applications and registrations payable to the European Union Intellectual Property Office (EUIPO) will be combined into a single fee. The initial fee for one design will remain the same as at present and will even drop slightly for multiple designs. However, the fees for the renewal of the European Union design were not reduced as intended but increased.
Schedule for implementation
The new Regulation came into force in part on May 1, 2025, and will apply in full from July 1, 2026. The new Directive must be implemented in all member states by no later than December 9, 2027. Companies and rights holders will need to adapt to the new framework in good time.
Summary: A modern design law for today’s digital age
The EU design law reform not only means legal changes but also sends out a clear signal: design protection will continue to play a significant role in the future – in both the physical and digital realm. The new rules provide companies and designers with more clarity, more protection options, and new opportunities. Those who react early and optimize their own design strategies accordingly will remain competitive in the long term.
Picture credits: Lazy_Bear_AdobeStock.com
