Since May 1, 2025, European Union design law has undergone a major reform. This legislative overhaul, introduced through Regulation (EU) 2024/2822 and Directive (EU) 2024/2823, brings a comprehensive modernization of the legal framework to better protect industrial designs in the digital age.
This article outlines the practical implications for businesses, designers, legal professionals, and consumers.
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Redefinition of key concepts
- Expanded definition of “design”
The notion of “design” now includes dynamic features, such as movements, animations, transitions, and visual effects. This extension ensures effective legal protection for animated digital content and user interface designs.
- Broadened definition of “product”
A product no longer needs to be tangible. Software interfaces, virtual objects, digital environments, and visual identifiers are now eligible for protection. This opens the door for design recognition in immersive digital environments, including virtual and augmented reality.
- EU-Wide terminological harmonisation
Registered Community Designs (RCDs) are now officially referred to as Registered EU Designs (REUDs). The Community Design Regulation (CDR) has been renamed the European Union Design Regulation (EUDR). This terminological alignment enhances the coherence of EU design law and affirms its unified nature.
Procedural developments in design filing
- Centralized filing at the EUIPO : All applications for EU designs must now be filed directly with the European Union Intellectual Property Office (EUIPO). National offices are no longer competent for EU design filings, thereby streamlining the registration process.
- Multiple designs in one application, across Locarno classes : The reform allows up to 50 designs per application, even when they belong to different Locarno classes. This measure is intended to reduce costs and administrative burden, particularly for companies with extensive design portfolios.
- Dynamic representations : Although videos, 3D models, and simulations are not yet permitted as representation formats, their future integration is explicitly foreseen. Designers are encouraged to anticipate this development and prepare compatible visual material accordingly.
Revision of the fee structure
Simplified application and publication fees
A single fee now covers both registration and publication. In multiple applications, each additional design incurs a supplementary fee of €125. This simplification enhances clarity and financial predictability for applicants.
Higher renewal fees
Renewal fees have been increased and now escalate over time based on the age of the registration :
- 1st renewal: €150
- 2nd renewal: €250
- 3rd renewal: €400
- 4th renewal: €700
It is advisable to anticipate renewals before upcoming fee hikes and to manage design portfolios strategically based on business priorities and product life cycles.
New rights and limitations
- Protection against unauthorized 3D printing : Right holders are now empowered to act against the illicit reproduction of their designs via 3D printing. The reform thus responds to the emergence of new technological threats by securing the physical appearance of products, even when digitally replicated.
- Introduction of a permanent repair clause : A permanent repair clause has been established, authorizing third parties to use components protected by a design solely for the purpose of restoring the original appearance of a complex product (such as a car).
The aim is to balance exclusive rights with the freedom to repair, preventing abusive technical monopolies. - Freedom of expression and permitted uses : The new framework explicitly introduces limitations to design rights based on freedom of expression, including use for parody, commentary, criticism, or satire. This ensures a more proportionate and socially balanced application of design rights.
Strategic implications for stakeholders
- For companies and designers : A strategic audit of existing design portfolios is strongly recommended. The reform offers new opportunities, especially for digital, animated, and virtual designs. In addition, the centralized EUIPO filing system represents a major efficiency gain in managing design protection at the EU level.
- For legal professionals and IP advisors : Legal practitioners must adapt their advisory services and litigation strategies to incorporate the new regulatory framework. Continuous training is necessary to interpret the updated definitions, limitations, and procedural requirements.
- For consumers : The repair clause and new limitations facilitate access to spare parts, combat planned obsolescence, and promote a more sustainable consumption model. These adjustments reinforce the public interest dimension of design law.
Conclusion
The EU design law reform that took effect on May 1, 2025, marks a significant modernization of the European system. It introduces expanded protection, greater procedural flexibility, and alignment with digital realities. Stakeholders across sectors are strongly encouraged to proactively adapt their practices to secure their rights and capitalize on the opportunities offered by this new legal landscape.
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