The aim of these articles is to keep our Clients and Associates updated about developments in the sector of Intellectual Property in general and our firm in particular. In this way, we wish to provide a broader view of the tools that the field of trade marks, domain names, patents, designs and related rights offers to entrepreneurs to enhance and protect their efforts in researching and developing new solutions and ideas.
Second Phase of EU Design Reform Becomes Fully Operational
On 1 July 2026, the second and most substantial phase of the European design reform entered into force (Regulation (EU) 2024/2822 and Implementing Regulation (EU) 2026/138), as previously discussed in our newsletters.
Below is a recap of the main updates introduced under the new framework:
- New Official Terminology: The concept of "Community Design" has been permanently replaced by "European Union Design", aligning standard practice with that of EU Trademarks (EUTMs).
- Expansion to Digital and Dynamic Products: Protection has been extended to non-physical products—such as Graphical User Interfaces (GUIs), icons, digital layouts, and virtual environments—with direct protection granted to dynamic elements and animations (e.g., screen transitions, visual movements, and state changes).
- Removal of the 7-View Limit and Support for New Formats (Video & 3D): The former cap of seven static views has been abolished, allowing greater visual flexibility to capture complex details. Applicants can now also file design applications using video files (MP4) to demonstrate animations, as well as 3D files (OBJ or STL).
- Procedural Simplification and Multiple Applications: Multiple applications now allow for up to 50 designs in a single filing, even across different product classes (eliminating the requirement to belong to the same Locarno class).
- Strengthened Enforcement (3D Printing and Goods in Transit): Exclusive rights have been expanded to prevent the unauthorized creation or distribution of digital files intended for 3D printing. Also, the EU Design Reform allows registered design holders to block and challenge counterfeit goods in transit through the EU territory, even if the goods are originated outside the EU and not intended for sale within the EU market.
- Accelerated Procedure for Uncontested Invalidity Actions: In invalidity applications based on lack of novelty or individual character that are not contested by the proprietor, the EUIPO will apply an expedited, priority examination procedure.
- New Rules for Recordal of Transfers/Assignments: Formal documentary evidence is now required when registering transfers/assignments of ownership in the EUIPO Register.
We at Interpatent remain at your disposal for any further details, and we will keep you updated once the third phase concludes (EU Member States are required to transpose the Directive into corresponding national laws by 9 December 2027).