The reform of the European Design Regulation (Designs & Models Package)
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/graphical interfaces—the current system had become obsolete or uncertain in certain respects.
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 directive on national designs to be transposed into the laws of the various Member States.
The reform will be implemented in phases (Phase I beginning May 1, 2025, followed by further changes in 2026 and national implementation through 2027).
The stated goal is to modernize the system, making it more compatible with new technologies, more effective, and more accessible—especially for small and medium-sized enterprises, digital designers, and innovators.
The main changes introduced (Phase I — effective May 1, 2025)
1. New terminology and lexical updates
The terms “Community Design” and “Community Design Regulation” are being replaced by “European Union Design (EU Design)” and “European Union Design Regulation.”
Rights that have already been registered or are pending are automatically renamed (no new application is required).
Companies will need to update their contracts, documents, and internal nomenclatures to align with the new terminology.
2. Expansion of the protected subject matter and the subject of the design
The reform significantly expands the scope of what can be protected as a design:
Animations, movements, transitions, and other dynamic elements are included in the concept of “design.”
The concept of a “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 appears only when a device is turned on—may be protected, provided they are clearly described 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 strengthened protection, the regulation introduces certain exceptions:
Reference clause / referential use: Reproduction of a design is permitted for the purpose of identifying or referring to a product.
Parody, criticism, commentary: such uses may be permitted within the bounds of freedom of expression and without infringing upon the normal exercise of rights.
Permanent repair clause: In the case of “complex” products, replacement parts (components) used solely to restore the product to its original condition 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 helps combat the distribution of “digital clones.”
These exceptions are intended to preserve areas of freedom, prevent abuse, and protect sectors involved in repair and innovation.
4. Filing Procedures, Examination, and Formalities
Various procedural aspects have been simplified:
The requirement to submit physical samples is eliminated.
It is no longer required that all versions of an application belong to 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 must be paid within one month to maintain it.
The "deferred publication" system has been standardized: it is no longer subject to the publication fee.
These simplifications should lower the barriers to entry and make the system more accessible.
5. Rate Changes and Renewals
The tariff schedule is being revised:
The filing/registration and publication fee is being consolidated, eliminating previous distinctions.
Renewal fees increase gradually and tend to discourage the maintenance of “dormant” designs.
New fees are being introduced for amendments to registered designs, special procedures, and other administrative actions.
These changes are encouraging fund managers to actively manage their design portfolios.
6. Remedies and Appeals
A “fast-track” procedure is introduced for disability cases where the opposing party does not contest the claim.
It will no longer be possible to amend a design “under opposition” to remove contested elements (for example, through partial disclaimer).
The procedures for opposition and invalidation have been harmonized and simplified.
These tools are designed to reduce "trolling" and improve the system's reliability.
Opportunities for businesses, designers, and SMEs
New forms of protection — Those who work with digital designs, interfaces, and virtual environments will finally be granted explicit protection.
Greater accessibility — simplified procedures and more predictable costs benefit those who have previously avoided registering designs for economic or administrative reasons.
Integrated strategies — it is now easier to combine design, trademarks, and copyrights in digital or hybrid versions of products.
Digital distribution control — anti-file-sharing regulations make it possible to crack the “digital” copy before it is turned into physical products.
Challenges and critical issues
Interpretive ambiguities — terms such as “clarity of representation” and “sufficient visibility” will be interpreted over time; secondary legislation (Phase II) is crucial.
High renewal costs — for those with large portfolios, rate increases could make it unsustainable to maintain marginal designs.
Transition of national laws — individual Member States must bring their laws into compliance by 2027 (Directive 2024/2823).
Balancing Copyright and AI Design — The reform does not explicitly address designs generated by artificial intelligence, nor does it address the overlap with copyright in certain digital contexts.
Practical application — consistent implementation across national offices and the harmonization of operational criteria cannot be achieved overnight.
Things to Do Today: Practical Tips
Review your current design portfolio and identify the most strategic projects, especially in light of the new renewal costs.
Consider filing designs in advance that could benefit from the new protection (e.g., animated or digital versions).
Update contracts, licenses, and internal legal documentation to reflect the new terminology (“EU Design,” symbol Ⓓ).
Get ready for the transition: follow the EUIPO’s guidelines and keep an eye on the secondary legislation for Phase II.
Stores conduct periodic inspections and audits to verify compliance with the new rules, particularly regarding presentation and filing procedures.
Conclusion
The reform of the European Design Regulation represents an important step toward modernizing design law in Europe. It introduces tools and protections tailored to the digital age, balancing them with exceptions and limitations.
But its true success will depend on how it is implemented: by national governments, national agencies, and through judicial interpretation. The most forward-thinking companies and designers can already begin to position themselves strategically to take advantage of these changes, mitigating risks and seizing opportunities.
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