EU Design Law Reform: Modernization of European Design Law commences

The first changes of the modernized EU design law have entered into force on May 1, 2025. The aim of the reform project was to adapt the existing regulations – in particular the Design Directive (98/71/EC) and the Community Design Regulation (EC No. 6/2002) – to the requirements of the digital economy. As the contact point for design applications at EU level, the EUIPO (European Union Intellectual Property Office) plays a central role in the implementation of the reform. National offices will also be more closely involved in future in order to promote coherence and harmonization in the EU member states.

Since its introduction in 2002, European design law has established itself as an effective instrument for protecting the external appearance of products. However, new technological developments and the increasing importance of digital designs make a comprehensive revision necessary. This was taken into account with the Design Directive (2024/2023) and the Design Regulation (2024/2822 – EU Design Regulation).

The reform package contains the following new regulations, among others:

1. Extension of scope of protection
Dynamic, animated and virtual objects (e.g. user interfaces or 3D models) become eligible for protection as designs. In particular, the definition of the protected ‘product’ will be expanded for this purpose. This takes account of the changed market conditions. Design protection can now also be claimed for the following manifestations:

  • Animated designs (e.g. moving images)
  • Graphical user interfaces such as holograms
  • 3D print templates/CAD files

2. Simplification of the application procedure/fee structure
The application system for registered designs will be standardised and made more user-friendly. This includes the introduction of more modern, digital tools and a simplified fee structure. The ‘one class’ requirement, according to which all designs in a multiple application must be registered in the same Locarno class, has been abolished. The fee structure for the EU Design has also been changed. Among other things, the fees for multiple applications have been significantly reduced, while the renewal fees have been increased. 

3. Greater harmonisation with national law
The reform promotes coherence between the EU Design and the national protection systems of the EU member states. Unnecessary overlaps are to be reduced, and legally secure enforcement strengthened. This includes the introduction of a repair clause, as we already know it from German law. The clause enables manufacturers of spare parts to use protected designs for the manufacture and sale of so-called must-match spare parts. The prerequisite for a ‘must match’ is that it is a component of a complex product and that the design depends on the appearance of the complex product.

4. Improved legal protection and enforcement
The new regulations provide for additional mechanisms to combat design piracy, both physically and online.

  • A central problem of the previous protection system was 3D printing. To close this protection gap, acts in connection with 3D printing are now included. A design owner can thus effectively prevent 3D print files from being copied or distributed in order to prevent imitations. This brings about the overdue strengthening of rights holders in this area.
  • The same applies to transit rules. Accordingly, the introduction of an infringing design into the territory of the EU is prohibited even if this is only for transit purposes (so-called transit ban). This ensures that infringing designs do not enter the European single market in the first place.
  • Another part of the reform is that the owners of registered EU designs or registered national designs may indicate the registration of their design with a ‘D in a circle’. This will make it easier for third parties to become aware of third-party design rights. This regulation is modelled on the registration symbol â, which is used for trademarks.

Conclusion
The reform of EU design law marks a significant step towards modernising design protection at European level. It provides design owners with extended protection options and greater legal certainty. The first part of the changes to the EU design law reform package has come into force on 1 May 2025. The rest will follow on 1 July 2026. The EU member states also have until 9 December 2027 to transpose the requirements of the Design Directive (EU) 2024/2822 into national law.

Further information on the reform can be found on the EUIPO website: https://www.euipo.europa.eu/de/designs/design-reform-hub/terminology-procedural-changes