What You Need to Know: 2025 Updates to EU Design Protection

These reforms aim to address technological advancements, simplify legal processes, and ensure that the rules remain effective in a rapidly changing digital and economic environment.

Why Now?

The current EU design framework, governed by the Design Directive (98/71/EC) and the Community Design Regulation (6/2002), has been in place for over two decades. While effective, it has struggled to keep up with modern developments, such as:

• Technological Advances: Popularity of digital and virtual designs, including graphical user interfaces (GUIs) and 3D printing, has created gaps in the existing legislation.
• Inconsistent Rules: Differences in how member states apply design laws complicate cross-border trade and enforcement.
• Accessibility Challenges: High costs and administrative hurdles made the system difficult for small businesses and independent designers to navigate.

Effective Dates

Regulation Changes

Most changes in the EU Design Regulation will take effect on May 1, 2025, with provisions for digital and new types of designs coming into force on July 1, 2026.

Directive Implementation

Member states must implement changes to their national laws under the EU Design Directive by December 9, 2027.

Key Updates

Digital and Expanded Design Protection (Effective July 1, 2026)

The definition of designs now includes animation, movement, and light-based effects, broadening protection for digital designs and features enhancing user experience. Graphic works, GUIs, logos, and spatial arrangements — both physical and digital — are explicitly covered, supporting innovation in technology and automotive sectors.

Representation Rules (Effective July 1, 2026)

Limits on design views will be removed, with new standards for 3D views, disclaimers, and file formats to follow. The European Union Intellectual Property Office is working on consistent filing practices across member states.

Streamlined Filing for Multiple Designs (Effective May 1, 2025)

Applicants can include up to 50 designs from different Locarno classes in one application, simplifying filings and reducing costs.

Visibility Clarification (Effective May 1, 2025)

Design features only need to be visible in the application, except for parts of complex products that must remain visible during normal use.

3D Printing and Counterfeiting Protections (Effective May 1, 2025)

Design holders can take action against 3D-printed copies and seize counterfeit goods in transit.

Fee Changes (Effective May 1, 2025)

Application fees remain unchanged at €350, with reduced fees for additional designs. Renewal fees for later periods, however, will increase significantly, except for international registrations.

Repair Clause for Spare Parts (Implementation by December 9, 2027)

Introduces new rules exempting spare parts used for repair of complex products (such as spare parts for the automobile-repair sector) from design protection. This clause is limited to “must match” parts only (i.e., to parts that are used to restore the original appearance of the product). Existing protections for such parts will phase out by December 2032, allowing existing (national) designs of components parts to still enjoy protection during this time.

Fast-Track Invalidity Proceedings (Effective July 1, 2026)

Simplified invalidity procedures will address uncontested cases, aiding in disputes over hijacked or infringing designs.

Optional Administrative Invalidity (By December 9, 2027)

EU member states are encouraged — but not required — to offer administrative processes for invalidating design registrations.

Outlook

The revised framework is expected to make the design system more user-friendly and cost-effective. Designers and businesses, especially smaller entities, will gain easier access to legal protections, allowing them to innovate with greater confidence. These updates also encourage creativity, ultimately leading to a wider range of innovative products for consumers.

The approved revisions seek to blend and future-proof design protections across the EU, fostering a more dynamic and competitive environment for creators and businesses alike. This initiative reflects the EU’s commitment to supporting innovation and ensuring its intellectual property framework keeps pace with emerging trends and challenges.

To adapt and thrive under the revised EU design protection framework, businesses should act promptly to align with the upcoming changes. Key considerations include:

1. Coordinate Internal Teams: Ensure your trademark, patent, and design teams work together to create cohesive strategies that align with the new legal framework.
2. Evaluate Renewal Options: Renew your existing design registrations before May 1, 2025, to avoid the higher renewal fees set by the new rules.
3. Reassess Filing Strategies: Leverage the broader scope of protection to safeguard innovative designs, including digital, virtual, and animated designs.

Being mindful of these implications, and acting accordingly, can ensure that your business is well-positioned to benefit from the updated EU design protection framework.