Phase one of the EU's new design law, comprising the new EU Design Regulation and Directive, is now effective as of 1 May 2025. This marks the initial step in the first overhaul of the EU's design regime in 20 years, with the package of reforms intended to make registration of designs cheaper and easier, and to harmonise member states' national registration procedures.
This article sets out the changes that are, as of 1 May 2025, in effect as part of the first phase of reforms.
Phase 1 – Effective 1 May 2025
The majority of the operative provisions of the new designs package became effective on 1 May 2025. These include the following changes, aimed at ensuring greater efficiency and accessibility for applicants seeking to register designs in the EU:
Application and registration
- European Union Design – The previous terminology of Registered Community Design (RCD) and Unregistered Community Design (UCD) has been replaced with Registered European Union Design (REUD) and Unregistered European Union Design (UEUD).
- Multiple designs in one REUD application – It is now possible to combine multiple designs within the same REUD application (to a maximum of 50), regardless of whether they fall under the same Locarno Class (i.e., the unity of class approach has been abolished). This effectively amounts to a 'bulk discount' on registration fees, as designers can combine multiple designs covering different products in the same application, though there is a higher fee for applications including 11 or more designs. An increase in the number of design registrations is expected as a result of this change.
- Fees – Registration fees for EU designs are set out in Annex 1 of the Regulation. There is no longer a separate registration and publication fee, and a single application fee covers both. Additionally, the staggered renewal costs for each renewal period now incorporate a higher increase for the third and fourth renewal periods, which some industry stakeholders have criticised. However, this policy is to ensure that only those REUDs that are actually used in the market remain on the register.
- Deferment of publication – Unless applicants surrender their design before the end of the deferment period, deferred designs will now automatically proceed to publication. Once implemented by Member States, the Directive will require the introduction of an option for applicants to defer publication of national design applications for a period of up to 30 months, meaning the same deferment rules will apply across the EU (these rules had previously been applied differently between Member States).
- Renewal – Previously, the renewal deadline was the end of the calendar month in which the registration expired. Under the new regime, requests for renewal must be submitted during the six-month period ending on the actual date the registration expires (or, as previously, in the six month late renewal period, subject to an additional fee). This brings the renewal period calculation in line with the EU trade mark system.
Scope of protection
- Definitions – The definition of 'design' (for both REUDs and UEUDs) has been updated to clarify that it covers animated designs, such as 'the movement, transition or any other sort of animation of' the features of the appearance of the whole or part of a product. The statutory definition of 'product' to which a design is applied has also been expanded to include embodiments in both physical and non-physical form. Specific examples mentioned include graphical user interfaces and spatial arrangements of interiors and exteriors. Only those features which are visibly shown within the application for registration are eligible for protection and therefore must be included. In practice, however, applications to register designs in non-physical products and non-static designs are likely to be trickier until the secondary legislation setting out how such designs should be represented applies from 1 July 2026 (see below).
- Design notice – As with registered trade marks, REUD owners can now inform the public that their design is registered by displaying the registration symbol of a letter D enclosed within a circle alongside a product in which the design is incorporated or to which it is applied (this may be accompanied by the design registration number or hyperlink to the entry in the Register). It will be interesting to see how much use of this is made in practice.
- Infringement – REUD/UEUD owners are conferred a new exclusive right in relation to design infringement arising through 3D printing, and also now have a right to prevent third parties transiting counterfeit products through the EU under design law (as was already the case for trade marks).
- Defences - New defences to infringement of both REUDs and UEUDs are now available, including in relation to referential use in comparative advertising, comment, critique, and parody (provided this is in line with fair trade practices). This is a potentially significant expansion to the defences previously available and it will be interesting to see the application of these defences in a design right context.
- Repair clause - Spare parts used for the repair of component parts of complex products (such as cars) will be excluded from protection as REUD/UEUDs if they are used to restore the original appearance of the complex product. Importantly, this only applies where the part is used for repair purposes only. The previous Design Regulation contained a transitional repair clause in similar terms, whereas the new Regulation makes this change permanent following a long line of EU case law.
Future changes
The remaining provisions of the Regulation and Directive, including the amendments requiring secondary legislation (the Implementing and Delegating Regulations), will be effective from 1 July 2026. These changes will flesh out many of the new rules around application requirements and design representation, including provisions for representing non-physical designs, limits on the number of views, and the rules around mediums for representation:
- Harmonisation of rules and standards – the Implementing and Delegated Regulations will produce rules and standards to be harmonised across IP offices in the EU (including the EUIPO) which will provide much needed clarity on how one might represent a non-physical product or the transition of a design. This will include updates to the design representation scheme, removing the seven-view limit to design registration images, and allowing different file types for registration (e.g. JPEGs, MP4s).
- 'Fast Track' invalidity mechanism – The secondary legislation will also set rules and standards on design invalidity proceedings and appeals, including the introduction of 'fast track' invalidity proceedings which will be available in more straightforward cases.
Meanwhile, EU member states will be required to transpose the Directive into their national laws by 9 December 2027. The changes set out by the Directive are similar to those under the Regulation but also include some additional provisions around national unregistered design protection and presumptions of ownership. The Directive also includes a spare parts repair clause for national designs mirroring the provision in the Regulation. However, this provision carries a significant transition period for implementation.
We will cover these updates in more detail in future updates.
UK and EU divergence
In view of these changes, there are now a number of areas of divergence between UK and EU design law and practice, introducing an added layer of complexity for designers seeking protection across both territories.
However, this divergence may only be temporary, in light of the UK Intellectual Property Office's recent call for views on the future of the UK's design law regime, with a consultation expected later in 2025. That consultation will no doubt be informed by these new EU reforms, as well as the recent adoption of the Design Law Treaty following the Diplomatic Conference of WIPO Member States in Riyadh.
This should provide some reassurance to designers who are already faced with a complex design rights framework. However, there are other areas of divergence where designers will be looking for clarification, and potential alignment, such as the interplay between copyright and designs for protection of works of applied art.