The reform of the European regulation on designs (Designs & Models Package)

Gianpaolo Todisco - Partner

The European system for the protection of designs (industrial designs) was largely established in the first half of the 2000s, with Directive 98/71/EC and Regulation (EC) No. 6/2002 (the “Community Design Regulation”). With the evolution of technologies — 3D printing, virtual/augmented reality, digital designs/graphic interfaces — the current regime had become obsolete or uncertain in some areas.

In response, the European Union adopted a “reform package” known as the Designs & Models Package, consisting of:

  • Regulation (EU) 2024/2822, amending the EU Design Regulation;

  • Directive (EU) 2024/2823, a revised version of the national design directive to be transposed in the various Member States.

The reform will come into force gradually (phase I from 1 May 2025, followed by further amendments in 2026 and national transpositions until 2027).

The stated objective is to modernise the regime, making it more consistent with new technologies, more effective and more accessible, especially for SMEs, digital designers and innovators.

 

The main changes introduced (Phase I — from 1 May 2025)

1. New terminology and lexical adjustments

  • The term “Community Design / Community Design Regulation” is being abandoned in favour of “European Union Design (EU Design)” / “European Union Design Regulation”.

  • Rights that are already registered or pending are automatically renamed (no new application is required).

Companies will have to update contracts, documents and internal nomenclatures to comply with the new terminology.

2. Expansion of the protected subject and object of the design

The reform significantly expands what can be protected as a design:

  • Animations, movements, transitions and other dynamic elements are included in the concept of “design”.

  • The concept of “product” is no longer limited to physical objects alone: digital elements, graphical user interfaces (GUIs), layouts, patterns and “spatial environments” can also be considered registrable products.

  • Features that are not permanently visible — for example, something that only appears when a device is turned on — can be protected, provided they are clearly represented in the application for registration.

These changes are particularly important for the digital, IoT, automotive and advanced industrial design sectors.

3. New limitations/exceptions to the exclusive right

 To balance the strengthening of protection, the regulation introduces certain exceptions:

  • Reference clauses/referential use: the reproduction of a design to identify or refer to a product is permitted.

  • Parody, criticism, commentary: such uses may be permitted within the limits of freedom of expression and without prejudice to the normal exercise of the right.

  • Permanent repair clause: in the case of “complex” products, spare parts (components) used exclusively to restore the original appearance of the product are not protected.

  • It is also prohibited to create, download, share or distribute digital files (software, digital media) that enable the production of protected designs (e.g. for 3D printing). This combats the phenomenon of “digital cloning”.

These exceptions seek to preserve areas of freedom, prevent abuse and protect the repair and innovation sectors.

 4. Filing, examination and formalities procedures

 Various procedural aspects have been simplified:

  • The obligation to file physical specimens has been eliminated.

  • It is no longer required that all versions of an application be in the same Locarno class (“unity of class”): designs belonging to different classes may be submitted (up to a maximum of 50 designs per application).

  • The filing date is reserved and the fee can be paid within one month to retain it.

  • The deferred publication system has been harmonised: it is no longer subject to the publication fee.

These simplifications should lower the barriers to entry and make the system more accessible.

5. Changes to fees and renewals

 The fee system is being revised:

  • The filing/registration and publication fees are being unified, eliminating previous distinctions.

  • Renewal fees are increasing progressively and tend to discourage the maintenance of “dormant” designs.

  • New fees are introduced for amendments to registered designs, special procedures and other administrative acts.

 These changes encourage owners to actively manage their design portfolios.

6. Invalidity and opposition tools

  • A fast-track procedure is introduced for invalidity cases where the opponent does not contest.

  • It will no longer be possible to modify a design “under opposition” to remove contested elements (e.g. through partial disclaimer).

  • Opposition and invalidity procedures are harmonised and simplified.

 These tools aim to reduce “trolling” strategies and improve the certainty of the system.

Opportunities for businesses, designers and SMEs

  1. New forms of protection — Those working with digital designs, interfaces and virtual environments will finally be able to obtain explicit protection.

  2. Greater accessibility — Simplified procedures and more predictable costs favour those who have so far avoided registering designs for economic or administrative reasons.

  3. Integrated strategies — it is now easier to combine designs, trademarks and copyrights on digital or hybrid versions of products.

  4. Control of digital distribution — the rule against file sharing allows “digital” copies to be attacked before they are turned into physical products.

Challenges and critical issues

  1. Ambiguity of interpretation — terms such as “clarity of representation” and “sufficient visibility” will be interpreted over time; secondary legislation (phase II) is crucial.

  2. High renewal costs — for those with large portfolios, tariff increases could make it unsustainable to maintain marginal designs.

  3. Transition of national laws — individual Member States will have to adapt their laws by 2027 (Directive 2024/2823).

  4. Balance with copyright/AI designs — the reform does not explicitly address designs generated by artificial intelligence, nor the overlap with copyright in certain digital contexts.

  5. Practical application — effective uniformity across national offices and harmonisation of operational criteria cannot be guaranteed overnight.

 What to do today: practical advice

  • Review your current design portfolio and identify the most strategic designs, also in light of the new renewal costs.

  • Consider filing designs in advance that could benefit from the new protection (e.g. animated, digital versions).

  • Update contracts, licences and internal legal documentation with the new terminology (“EU Design”, symbol Ⓓ).

  • Prepare for the transition: follow the EUIPO guidelines and monitor the secondary legislation for phase II.

  • Negotiate periodic checks and audits to verify compliance with the new rules, especially with regard to representation and filing methods.

Conclusion

The reform of the European Design Regulation is an important step in the modernisation of design law in Europe. It introduces tools and protections designed for the digital age, balancing them with exceptions and limitations.

But its real success will depend on how it is implemented: by national states, national offices and case law interpretation. Forward-thinking businesses and designers can already begin to position themselves strategically to take advantage of the changes, reducing risks and seizing opportunities.

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