New EU design legislation, which came into force on 8 December 2024, will shortly start coming into effect. The legislation aims to modernise the EU design system, increase accessibility and strengthen EU design rights, reinforcing the value in design protection.
With the introduction of a number of changes, including greater efficiency, it is a good time for design owners to review their filing and enforcement strategies. Many of the changes will come into effect on 1 May 2025, with some additional provisions being applicable from 1 July 2026.
The key changes can be summarised as follows:
- Change in terminology and introduction of the Ⓓ symbol
- Expanded definitions of “design” and “product”
- Abolition of ‘unity of class’ requirement
- Simplified application fees, increased renewal fees
- 3D printing: new protection against infringing acts
- Protection against counterfeit goods in transit
- Introduction of “identification and referencing” and “comment, critique or parody” limitations
- Protection afforded to designs not permanently visible
- Full implementation of the ‘repair clause’, preventing monopolies over spare parts
Terminology changes
The changes bring a long-overdue update on the terminology for EU designs, replacing references to “Community” with “European Union” consistent with EU trade mark terminology:
| Current Term | Updated Term |
| Registered Community Designs (RCDs) | Registered European Union Designs (REUDs) |
| Unregistered Community Designs (UCDs) | Unregistered European Union designs (UEUDs) |
| Community Design Regulation (CDR) | European Union Design Regulation (EUDR) |
| Community Design Court | EU Design Court |
In addition, owners of a Registered European Union Design will be able to use the newly adopted Ⓓ symbol on products incorporating the design or to which it is applied, to inform the public that the design is registered. This will help increase awareness of the design system and ultimately assist in the marketing of registered designs.
Expanded definitions of ‘design’ and ‘product’
The definition of a ‘design’ has been broadened in line with technological advancements, and now expressly includes “the movement, transition or any other sort of animation” of the features of the appearance of the whole or part of a product. This provides welcome clarity as to the protectability of non-static designs, and new representation requirements (yet to be determined, and effective as of 1 July 2026) will make it easier to protect such designs from a practical perspective.
The definition of a ‘product’ has also been expanded to clarify the protection of digital works, and now expressly encompasses non-physical forms. In addition, the list illustrating what constitutes a product has been amended, and now includes sets of articles, spatial arrangements of items intended to form an interior or exterior environment, and parts intended to be assembled into a complex product, graphic works or symbols, logos, surface patterns and graphical user interfaces.
These expanded definitions of “design” and “product” ensure that individuals and businesses can protect a broader range of creative works, nurturing innovation and bridging the gaps between other IP rights.
Procedural changes
The changes will allow multiple designs (up to 50) to be filed in a single application, regardless of whether or not the designs fall within the same class. This will simplify and reduce filing fees, particularly for individuals or businesses seeking to protect a range of disparate products.
The reform also simplifies filing fees by combining the previous registration and publication fees into a single application fee. The new combined application fee for a single design remains the same as that previously payable, and a uniform fee for each additional design in a multiple design application is being introduced.
Another change in the fee structure which is important to note from a practical point is that deferment fees are now paid at the time of filing and not at the time of deferred publication. While design holders have, in the past, avoided publication following deferment by simply not paying the fee due following deferment, this is no longer possible. Designs must now be explicitly surrendered in order to avoid publication.
Renewal fees are set to increase, particularly for the 3rd and 4th renewal periods (once the design has been registered for 15 years). EU design registrations can be renewed up to 6 months in advance of the renewal date, and any falling for renewal within the 6-month period from the 1 May 2025 should be renewed by 30 April 2025 in order to benefit from the current renewal fees before the new legislation takes effect.
Exclusive rights and limitations
The exclusive rights conferred by an EU design registration have been extended to include the creation, downloading, copying, sharing or distributing to others any medium or software which records the design, which now amounts to an infringement. This grants design right holders protection against third parties using new technologies, specifically 3D printing, to reproduce their designs.
In addition, in line with the existing provisions for trade marks, the owner of an EU design registration will now be entitled to prevent counterfeit products transiting through the EU even if they are not intended to be released for free circulation in the EU.
Two new limitations on the exclusive rights offered by EU design rights have been introduced in the interests of fair trade and freedom of speech. The first protects referential use for the purpose of identifying a product, and the second new limitation prevents design holders from enforcing their rights in relation to acts by third parties that parody or critique the designs, provided that such acts are compatible with fair trade practices and do not unduly prejudice the normal exploitation of the design.
Protection on designs not permanently visible
Under the new provisions, protection may be granted for designs where not all elements are permanently visible during the use of the product (except in the case of component parts of complex products which must remain visible during normal use) – although, it is essential that any features of appearance for which protection is sought are visible in the representations filed in an application for registration.
Repair Clause
The transitional ‘repair clause’ will become a permanent provision under the EU Design Regulation, preventing EU-wide design protection for “component parts of complex products upon whose appearance the design of the component part is dependent, and which is used… for the sole purpose of the repair of that complex product so as to restore its original appearance”.
The slightly revised wording introduced by the permanent repair clause effectively narrows the scope of the previous clause, in that only component parts that ‘must match’ (or are ‘form dependent’ on) the complex product can benefit from the defence.
In addition, the new legislation provides that all EU member states must include an identical repair clause in their national design laws, addressing the current inconsistency between the member states. As it stands under the current law, a product that is sold in multiple countries within the EU may not infringe a design that is registered at EU level but may infringe an earlier design that is registered nationally. This change will therefore bring harmonisation and legal certainty, however, a transitional period means that existing national rights on repair spare parts will continue to enjoy protection until December 2032 and it will be some time before this is achieved.
What does this mean for UK designs?
The changes in the EU design system introduce several differences between UK and EU design law and practice, adding a layer of complexity for designers seeking protection across both territories.
The UK Intellectual Property Office (UK IPO) is currently reviewing the UK’s design law framework, and it remains to be seen whether similar provisions will be introduced in the UK. Following the UK’s departure from the EU, the UK is no longer required to follow EU law, providing flexibility and opportunity for the UK framework to further diverge, and it will be interesting to see the outcome of the review. An update on this expected later this year.
Please get in touch with our Designs Team for further information or assistance.
