Introduction

Since 1 May 2025, the first phase of the reform of the European Union Design Regulation (EUDR) has come into force, introducing significant changes to the design protection system within the European Union. These changes aim to modernize and simplify the protection of designs, thereby enhancing legal certainty and accessibility for businesses and creators.

Overview of phase 1 changes

A. Expanded definitions and scope of protection

The reform clarifies and broadens the definitions of “design” and “product,” specifying visibility requirements and the scope of protection. In particular, the “informed user”(a person with a level of attention higher than that of the average consumer, but without possessing the expertise of a sector specialist) criterion is now explicitly defined, providing clearer guidance for assessing design and model infringements.

B. Procedural improvements

The new EUIPO examination guidelines take these legislative changes into account, thus simplifying procedures and aligning practices with the updated regulations. EU design fees are set out in Annex 1 of the Regulation: there is no longer a separate registration and publication fee, as a single application fee now covers both. In addition, staggered renewal costs for each renewal period include a higher increase for the third and fourth renewal periods a measure criticised by some industry stakeholders but intended to ensure that only EU designs actually used in the market remain registered.
Furthermore, the reform introduces a harmonised deferment of publication, allowing applicants to delay the publication of their design for up to 30 months after filing, providing extended and uniform confidentiality across the European Union, before automatic publication is triggered.

Implications for businesses

A. Impact on design holders and applicants

Businesses holding registered designs or filing new designs in the EU will benefit from a simpler and more predictable registration process. Clarified definitions and streamlined procedures reduce uncertainties and facilitate strategic management of intellectual property rights.

B. Strategic considerations

Companies should review their existing design portfolios to ensure compliance with the new regulations. This may include reassessing protection strategies and filing new designs to take full advantage of the broadened scope of protection.

Management of disputes and oppositions

A. Strengthening legal certainty

The reform introduces clearer criteria for assessing design infringements, relying notably on the “informed user” criterion, which evaluates similarities based on the overall appearance of the product from the perspective of a person familiar with the market and existing designs. This should facilitate dispute resolution and reduce the risk of prolonged litigation. These clarifications benefit both rights holders and alleged infringers by providing a more predictable legal framework.

B. Impact on opposition mechanisms

The updated reform simplifies opposition procedures by harmonising deadlines, reducing the formalities of notices, clarifying grounds for opposition, and allowing fully electronic filing and monitoring. These changes could lead to faster and more efficient conflict resolution. Companies should consider proactively filing oppositions to protect their design rights and fully leverage this streamlined framework.

Future perspectives: Phase 2 (effective from July 2026)

A. Expected changes

Phase 2 of the reform, scheduled for July 2026, is expected to introduce further improvements, such as:

  • Unified representation: allowing a representative to act in both trademark and design matters without requiring separate qualifications.
  • Strengthening enforcement mechanisms: enhancing tools available for the enforcement of design rights, including customs measures and cooperation with tax authorities.

eu design reform

B. Preparatory steps for businesses

Companies should begin preparing for these upcoming changes by:

  • Training legal teams: ensuring that in-house counsel and representatives are informed about the forthcoming reforms.
  • Reviewing enforcement strategies: evaluating current enforcement practices to identify areas for improvement in anticipation of Phase 2.

Conclusion

Phase 1 of the EU design reform marks a significant step in modernising design protection within the European Union. Companies should take proactive measures to understand and adapt to these changes in order to maximise the benefits of the updated framework.

Dreyfus Law firm assists its clients in managing complex intellectual property cases, offering personalized advice and comprehensive operational support for the complete protection of intellectual property.

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Nathalie Dreyfus with the assistance of the entire Dreyfus team.

 

FAQ

1. What are the main changes introduced by Phase 1 of the EU design reform?
Phase 1 introduces clarified definitions of “design” and “product,” specifies visibility requirements, and updates procedural guidelines to simplify the registration process.

2. How do these changes affect companies holding registered designs in the EU?
Businesses will benefit from a more predictable registration process and broader design protection, with clearer criteria for infringement.

3. What impact do these reforms have on design dispute management?
The reforms provide greater legal certainty, facilitating the rapid resolution of disputes and oppositions.

4. What can be expected from Phase 2 of the EU design reform?
Phase 2, scheduled for July 2026, will introduce unified representation and strengthen enforcement mechanisms for design rights.

5. How can companies prepare for Phase 2 of the reform?
Businesses should begin training their legal teams and reviewing enforcement strategies to comply with the anticipated changes.