The digital age for EU designs

An overview of the EU design legislative reform and the main changes for the design protection regime

The design protection regime is more than 20 years old and has never really been revised.

Facing new technologies and the evolving challenges of the digital age (such as the 3D printing, virtual designs or virtual spaces), the European Commission had to achieve modernisation of the Design regulations and Directive, following the same path as the recent trade mark legal reform.

In response to these challenges, the EU design legislative reform aimed at producing modernised rules fit for the digital and green economy, providing clarity and legal certainty, and facilitating the access to design protection with an attractive fee revised system.

The Recast Directive on the legal protection of designs and the Amending Regulation on Community designs will soon enter into force as the Council of the European Union adopted the EU Design Legislative Reform Package on October 10, 2024.

What are the main changes and improvements?

A new terminology

Don’t say Community design anymore, the European Union design is now the new name.

It goes together with a new registration symbol (see below) that the holder of a registered EU design can display on the product in which the design is incorporated or to which it has been applied (in the same way that the circled R is used to inform third parties that a trademark is registered in one or several countries).

New design and product definitions / New design representation

Designs can consist of an animation such as movies for video games, and some of them are neither physical nor digital (e.g. animated and moving lighting installations using the changing natural cycle of daylight.

Static views for the representation of these categories of designs do not offer a suitable and adequate protection.

By amending the definition of a design and a product, the new regulation ensures that non-physical products are protectable.

To represent the design, the requirements for the future should permit any form of visual reproduction (videos or computer imaging) and seek for harmonization among the Member States’ Offices and EUIPO with regard to formats, types of views or visual disclaimers.

Extension of the exclusive rights

3D printing is certainly an important means of supporting a greener economy, but it also raises concerns about infringement of rights. 

To address these concerns, the holder of a design right will now be able to prohibit acts enabling copies to be made using 3D printing technologies.

Spare parts

In order to liberalise the market for spare parts and harmonize the design protection for component parts used for the repair of complex products (.e.g. car bumpers , wheel rims etc. in the automotive industry), the reform implements a spare parts clause denying design protection or possible enforceability of design rights for these parts used for the purpose of repairing the complex product so as to restore its original appearance.

The consequence of this will be that consumers will have the choice between competing products for repair at affordable prices in a less fragmented market.

Simplification of rules

As part of the reform, registered design rights will be acquired by an easier filing process including the payment of a single application fee (instead of registration and publication fees), the choice for classification and the possibility to file multiple designs within one application (with substantive discounts) even if they do not belong to the same Locarno class. By abolishing this same class requirement (with a limitation of 50 designs per multiple application) and introducing changes in the deferment and renewal regimes (cheaper applications and higher renewal costs), the revised rules will promote innovation in new technologies, support and encourage enterprises to protect their rights and ensure better IP enforcement through simplified invalidity procedures against possible misuse by third parties.

Embracing the future of the design world

The takeaway from this article should be how the digital transition and the technological developments such as 3D printing and Artificial Intelligence have modified the landscape of design and have led to legal initiatives from the European Commission and significant modifications to the regulations and directive on designs.

Bristows is not only monitoring the changes carefully but intends to take advantage of these opportunities for the benefit of its clients, ensuring that they obtain a robust and up-to-date IP protection and cost-efficient means for enforcement.

Do not hesitate to take a look at our Brands, Designs & Copyright pages or contact one of our experts for advice and guidance on all aspects of designs.