With the amending Regulation (EU) 2024/2822 and the recast Directive (EU) 2024/2823 , the EU legislator has comprehensively modernised the design law that has been in force since 2002. The aim is to adapt the system to technological developments – in particular digital designs and 3D printing -, simplify procedures and harmonise the internal market.
New terms
The legal term “Community design” is replaced by “Union design” throughout the existing Community Design Regulation (EC) No. 6/2002 in accordance with Art. 1 No. 1-5 of the amending regulation; accordingly, the specialised courts will also be called “Union design courts” in future.
Extended design definition
according to Art. 1 No. 9 of the amending regulation, “product” now expressly includes non-physical manifestations such as logos, graphic user interfaces or spatial arrangements. However, computer programmes remain excluded. However, dynamic or animated representations remain permissible; Art. 26 para. 1 of the recast directive allows videos or computer models as a medium of application.
Digital 3D printing and other uses
In view of the possibilities of 3D printing, the mere creation, downloading or making available of the design is now considered a “use” of the design and requires the consent of the right holder (Recital 27 of the Recast Directive).
Explicit border and transit protection is also new. Importers can be held liable for the mere transit of infringing products (Recitals 28 et seq. of the recast Directive).
Permanent repair clause
The repair clause, which previously only applied on a transitional basis, will be made permanent. Components of complex products whose shape depends on the overall design and which are used exclusively to restore the original appearance are excluded from protection (Art. 19 of the Recast Directive). However, manufacturers only benefit if they clearly label the commercial origin of the replacement part (Art. 19 para. 2 of the Recast Directive).
Clearer limits to protection
Art. 18 of the Recast Directive redefines the limits of design law. Among other things, private, scientific and quoting uses as well as parodies are permitted. Exhaustion is to be regulated throughout the EU (Art. 20 of the recast directive).
Streamlined procedures before the EUIPO
There is now only one filing office. In future, applications for European Union designs can only be filed directly with the EUIPO in accordance with Art. 1 No. 31 of the Amending Regulation. The route via national offices will no longer apply.
In addition, a multiple application of up to 50 designs is possible in accordance with Art. 1 No. 34 of the Amending Regulation. Furthermore, the documents to be submitted have been streamlined; in particular, the description has been limited to 100 words in accordance with Art. 1 No. 4 b of the Commission Implementing Regulation (EU) 2025/73 and may not contain any value claims.
Finally, flexible amendment options have been introduced. Applicants may amend the representation in immaterial details at any time in accordance with Art. 1 No. 46 of the Amending Regulation.
A new label for intellectual property rights
The registration symbol (letter D in a circle) has been introduced. It may optionally be affixed to the product together with the register number or a link to the register entry in accordance with Art. 1 No. 23 of the Amending Regulation.
Harmonisation of national regulations
In its recitals 33-38, the Recast Directive aims to harmonise key matters such as registration and use in accordance with the law in all Member States. This is intended to eliminate distortions of competition and legal uncertainties.
Conclusion
The reform sharpens European design law for the digital economy without losing sight of the balance between owner and user interests.
According to Art. 3 of the amending regulation, the first block will apply from 1 May 2025 and the second block (including the new fee and procedural provisions) from 1 July 2026.
The Recast Directive, on the other hand, still has to be transposed into the Design Act by Germany by 9 December 2027 according to its Art. 36.
Companies should start checking now,
- whether their non-physical or animated designs are now eligible for protection,
- how they distribute spare parts and
- whether their registration and labelling practices comply with the new procedural rules.
The modernised system thus offers more legal certainty and at the same time new opportunities to effectively protect creative designs at Union level.