EU Design Reform: Key Highlights of the Changes Entered into Force on 1 May 2025

EU Design Reform: Key Highlights of the Changes Entered into Force on 1 May 2025

In our past newsletter editions (April 2024 and November 2024) we reported the formal adoption of the EU design reform comprising:

• Regulation (EU) 2024/2822 of the European Parliament and of the Council of 23 October 2024, amending Council Regulation (EC) No 6/2002 on Community designs and repealing Commission Regulation (EC) No 2246/2002, (the Amending Regulation)

and

• Directive (EU) 2024/2823 of the European Parliament and of the Council of 23 October 2024 on the legal protection of designs (so-called Recast Directive)

As previously announced, whereas the Recast Directive provides for a period of 36 months (i.e. within 9 December 2027) within which EU Member State will have to transpose the rules contained in the Directive into their own national laws, the Amending Regulation provides for a two-phase implementation of the changes, i.e. Phase 1, starting on 1 May 2025, and phase 2, starting on 1 July 2026.

Here below we will briefly summarize the key changes introduced by Phase 1 of the Reform entered into force the first day of this month:

Broadened Definitions

• The definition of ‘design’ has been widened to include animation, to be understood in a broad sense, encompassing both movement and transition.
• The definition of ‘product’ has been updated to explicitly include non-physical elements; a ‘product’ is considered as any industrial or handicraft object - excluding computer programs - regardless of whether it is incorporated in a physical object or rendered in non-physical form. Furthermore, the list of what constitutes a product now expressly includes sets of articles, the arrangement in space of items intended to form an interior or exterior environment and parts intended to be assembled into a complex product, as well as graphic works, symbols, logos, surface patterns and graphical user interfaces.

Exclusive rights and limitations

• Design protection was clarified to be covering features that are visibly shown in the application. However, design features do not need to remain visible at all times during use in order to benefit from protection. The only exception to this principle applies to the protection of component parts of a complex product, which need to remain visible during normal use of the product.
• The scope of exclusive rights conferred by a design has been expanded to include 3D printing; creating, downloading, copying and sharing or distributing to third parties any media or software in which the design is registered also constitute infringing uses of a design.

• Two new limitations to exclusive rights have been introduced:

 -  Acts intended to identify or refer to a product for interoperability purposes.

 -  Uses for commentary, critique, or parody, supporting freedom of expression.

• The transitional ‘repair clause’ has become a permanent provision and clarifies the exception to design protection for spare parts used in the repair of complex products (e.g. cars). This clause clarifies that there is no protection for a design which constitutes a component part of a complex product for the purpose of the repair of that complex product so as to restore its original appearance. This exception applies exclusively to repair purposes and the replacement part must match the appearance of the original piece.
• A system of design notices has been implemented allowing right holders, or third parties with their consent, to display a notice on their products to raise awareness of the existence of the design right; the notice, which consists of the symbol Ⓓ, is intended to facilitate the marketing of designs and improve the visibility of their protection.

Filing and Examination of registered EU designs

• Centralised filing: EU design applications now have to be filed directly with EUIPO (they can no longer be filed through national offices), with the aim of simplifying the procedure and reducing complexity.
• Filing date: Payment of the filing fee must be made within one month in order to secure filing date.
• The 'unity of class' requirement has been eliminated, allowing multiple applications that include designs from different classes; however, a limit of 50 designs per application has been introduced.
• Deferred publication is no longer subject to payment of a publication fee, so design owners can no longer prevent publication through non-payment, but have to explicitly renounce designs they do not wish to be published; non-payment of the deferment fee at the time of filing results in rejection of the application.

Fees

Several changes have been made to the fees, including:

• Unified application fee, combining registration and publication costs.
• Increased renewal fees
• New fees for:

 - Continuation of proceedings

 - Modifications of registered EU designs

• Reduced fees for:

- Declarations of invalidity

- Appeals

• Abolished fees including:

- Late registration fee

- Deferred publication fee

- Transfer registration fee

- Licence cancellation fee

- File consultation and information provision

- Certified/unofficial copy requests

Renewal of an EUD

• EU design renewals now align with EU trademark rules.
• A registered EU design will expire on its exact expiry date, not at the end of the month.
• The six-month grace periodbegins immediately after the expiry date.

Entitlement

• Clarifications have been made on the appropriate authority to handle entitlement matters and clarifies that a request for a change of ownership through entitlement proceedings can be filed by the person who is entitled. These changes ensure that rightful holders can directly request a change of ownership rather than having first to invalidate the design.

We will keep you updated on Phase 2 changes introduced by the Regulation, which need to be further developed through secondary legislation.

Of course, our attorneys at INTERPATENT are available to help you navigate through these important changes and better manage your Clients’ design portfolio. Please do not hesitate to contact us for any clarification or need.