The new European Design reform: Key changes and strategic insights for rights holders

Written by Antony09/04/2025

The reform of the European design law, introduced through Regulation (EU) 2024/2822 and Directive (EU) 2024/2823, marks a significant evolution in industrial design protection. With implementation beginning on May 1, 2025, and full transposition required by December 9, 2027, the reform redefines core aspects of how designs are protected, enforced, and managed across the EU.

This article provides a comprehensive breakdown of the key provisions and their practical implications for rights holders, businesses, and legal practitioners.

Summary of the reform and its strategic impact

The new EU legal framework introduces:

Modernized definitions reflecting digital and animated designs
Expanded procedural flexibility (multi-design filings, deferment)
Enhanced enforcement tools for both physical and digital infringements
Harmonized grounds for refusal and invalidity
Rebalanced fees that benefit SMEs but impact long-cycle industries
Clear ownership rules aligned with employment law
Legal clarity on unregistered designs and repair clause use

Rights holders are advised to audit their design portfolios, revise employment agreements, and reconsider filing strategies to optimize protection under the new regime.

Key dates and implementation timeline

May 1, 2025: Regulation takes effect (Phase I)
July 1, 2026: Secondary legislation provisions apply (Phase II)
December 9, 2027: Deadline for Directive transposition
December 9, 2032: Expiration of grace period for spare parts protections

Expanded scope of protectable designs

A – Digital and non-physical designs

The scope now includes graphical user interfaces, virtual objects, and spatial configurations in virtual environments. This reform reflects market trends in gaming, metaverse technologies, and digital user experiences.

B – Animated and virtual elements

Designs incorporating movement or transitions are now explicitly protected, such as app animations, dynamic web content, or virtual clothing.

Procedural innovations in design filing

A – Simplified multi-design applications

Applicants may include up to 50 designs in a single application, with no requirement to group them under the same Locarno class.

B – Visual representation and application requirements

Only visibly represented features in the application will be protected, resolving a longstanding ambiguity. Mandatory elements include applicant identity, visual representation, and indication of product use.

C – Harmonized deferment of publication

Applicants may defer publication for up to 30 months. A request to block publication must be submitted at least 3 months before deferment expiry.

Strengthened rights and enforcement mechanisms

A – 3D printing and digital file protections

Rights holders can now block unauthorized sharing or use of digital files enabling 3D reproduction, offering critical protection in an era of decentralized manufacturing.

B – Enforcement against infringement in transit

Design rights may be enforced even if the infringing goods are merely transiting through the EU, aligning with trademark law.

C – Fast-Track invalidity procedures

The EUIPO can now expedite invalidity procedures when uncontested, reducing enforcement delays.

Ownership clarifications and employment relationships

Ownership of a design belongs by default to the creator or successor, unless created during employment, in which case the employer becomes the owner. National laws and contracts may override this default rule.

Financial impact and new fee structure

The reform introduces a comprehensive revision of the fee structure applicable to designs within the European Union. While certain upfront costs have been reduced (notably, the filing fee for a single design has decreased from €350 to €250) renewal fees rise significantly from the third renewal period onwards.

This shift is designed to benefit SMEs and short product life-cycle industries (such as fashion, accessories, and digital goods) by easing entry costs and streamlining the registration process. Conversely, it may place a heavier financial burden on sectors with long product life cycles, including automotive, home appliances, and industrial engineering, where sustained protection over 20 to 25 years is critical. For these industries, the escalating renewal costs necessitate proactive budgeting and strategic portfolio management.

Harmonized grounds for refusal and invalidity

New optional grounds for refusal include designs that:

Misuse emblems or signs of public interest
Reproduce elements of national cultural heritage (e.g., monuments, traditional clothing)

Unregistered designs: a clarified regime

First disclosure outside the EU may still qualify for unregistered protection if it reasonably reaches the relevant EU public. This flexibility aligns the law with modern digital dissemination practices.

The new repair clause and its market implications

Effective December 9, 2027, the repair clause allows reproduction of design elements necessary to restore the original appearance of complex products (e.g., car parts).

Strict conditions apply: Must be used for repair only, and origin must be disclosed.
Does not apply to trademarks or parts not critical to visual restoration.

This clause fosters competition and circular economy goals, but raises compliance questions.

Enhanced legal certainty and creative freedom

Legitimate uses of protected designs now include:

Comparative advertising
Commentary and critique
Parody

These are permitted under fair trade principles and aim to preserve freedom of expression and market transparency.

Strategic considerations for international businesses

Businesses should:

Audit portfolios and renewals deadlines to identify models that require renewal or consolidation, taking into account the new fee structure, which imposes a heavier financial burden in the long term.
Update employment contracts regarding ownership, particularly for employees likely to create designs as part of their duties. The reform confirms that, by default, rights belong to the creator unless a contrary clause or specific national provision applies. A clear contractual clause prevents future disputes over ownership and strengthens the company’s legal security in case of litigation or rights transfers.
Always assess on a case-by-case basis whether it is more advantageous to opt for an international application under the Hague System or a Community design application, depending on the target countries, exploitation prospects, and budgetary constraints.

Conclusion

The reform modernizes EU design law for the digital age, introduces procedural efficiency, and fosters innovation through clarity and flexibility. While offering opportunities, it also requires proactive adaptation by rights holders.

Dreyfus Law Firm advises rights holders across Europe and internationally to implement these changes strategically.

The Dreyfus Law Firm is in partnership with a global network of lawyers specialized in Intellectual Property.

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FAQ

1 – What rights are granted by a registered Community design in the EU?
A registered Community design (RCD) in the European Union grants its owner the exclusive right to use the appearance of a product or part of a product resulting from its visible features (such as lines, contours, shapes, textures, materials, or ornamentation). This right enables the holder to prohibit third parties from manufacturing, offering, placing on the market, importing, exporting, or using a product incorporating the protected design, or from holding such a product for these purposes. Protection extends throughout the EU and lasts for five years, renewable in five-year increments up to a total of 25 years.

2 – Can a design be transferred?
Yes. A registered design is an intangible asset that can be transferred through sale, contribution to a company, inheritance, gift, or via corporate restructuring (merger, demerger). To ensure enforceability against third parties, it is advisable to record the transfer in the register maintained by the EUIPO (or the national office for national designs). It is also possible to grant an exclusive or non-exclusive licence for the use of the design.

3 – Where should a design be filed for protection in Europe?
To obtain EU-wide protection, an application must be filed for a Registered Community Design (RCD) with the European Union Intellectual Property Office (EUIPO). This single application offers protection across all 27 EU Member States. Alternatively, the Hague International Design System administered by WIPO allows for international filings designating the EU and other jurisdictions in one procedure. National filings remain possible for country-specific needs or complementary strategies.

4 – What is the difference between a design and a model?
Under EU law, the terms “design” and “model” are used interchangeably to refer to the legal protection of a product’s appearance. However, in some national systems (e.g., French law), a practical distinction exists:

A design typically refers to a two-dimensional feature, such as a pattern or graphic interface;
A model refers to a three-dimensional shape, like a product, packaging, or industrial object.
In both cases, protection concerns the aesthetic appearance, not the technical function of the product.

Entry Into Force on May 1, 2025 of the EU “Design Package”: Modernizing the EU Designs Framework

Written by Dreyfus19/11/2024

The recent publication of Regulation (EU) 2024/2822 and Directive (EU) 2024/2823 marks a key milestone in the modernization of the European legal framework for designs. These reforms, with certain provisions taking effect from May 1, 2025, foresee a phased implementation to harmonize, simplify, and adapt the system to the digital age.

Harmonization and modernization

The term “Community design” has been updated to “European Union design” (EUD). This symbolic change modernizes the terminology while aligning it with that of European trademarks. To enhance identification, a visual symbol Ⓓ has been introduced, providing greater coherence within the system.

The reform expands definitions to incorporate technological advances. Animations, graphical interfaces, and digital twins are now included in the scope of protection, reflecting their essential role in modern industries. The concept of “product” has also been extended to non-physical forms, covering items used in video games or virtual environments such as the metaverse.

Filing procedures are now more flexible and better suited to creators’ needs. Applications can group up to 50 designs without classification constraints, and various digital formats are now accepted for design representations. Additionally, creators can defer publication for up to 30 months, offering strategic discretion to protect their designs while planning their market launch.

To promote accessibility, particularly for small and medium-sized enterprises (SMEs) and independent designers, some fees have been reduced or eliminated. Filing fees, for example, have been lowered, and the costs associated with the transfer of rights have been completely removed. However, a notable increase in renewal fees is expected. Previously, renewal fees for a 25-year period ranged from €90 to €180. Under the new framework, fees will start at €150 and rise to €700 by the fourth renewal cycle. This adjustment may disproportionately affect industries with longer product life cycles, such as automotive and industrial design, compared to industries like fashion, which are less impacted by the fee increase.

Enhanced protection of rights

The EU reform clarifies key aspects of design visibility. From now on, visibility is no longer a general requirement for protection, except for components of complex products. This revision eliminates past ambiguities and extends protection to a wider range of contemporary and diverse designs.

A major innovation is the introduction of the repair clause. This provision removes legal protection for spare parts necessary to restore the appearance of a complex product, limiting exclusive rights in this domain. The measure strikes a balance between design protection and competition in the spare parts market. However, it requires manufacturers to inform consumers about the origin of the products used for repairs, enhancing transparency and enabling informed choices.

In the realm of 3D printing, the reform introduces an exclusive right allowing rights holders to prohibit the creation, dissemination, and use of digital files capable of reproducing a protected design via 3D printing. Although this technology remains relatively uncommon in households, the provisions anticipate its potential growth, safeguarding creators’ rights in this emerging field.

Lastly, the reform extends rights holders’ protections to goods in transit within the European Union, even if their final destination is outside EU territory. This change strengthens the enforcement of intellectual property rights in a globalized context, addressing the challenges posed by counterfeit goods in international trade.

Alternative dispute resolution and legal certainty

The reform encourages EU Member States to establish administrative mechanisms for contesting the validity of national designs. Inspired by the EUIPO model for the European trademark (oppositions and cancelation actions), this approach offers a less expensive and faster alternative to traditional judicial procedures.

Additionally, the requirement for first disclosure within the EU has been abolished. Now, the initial disclosure of a design outside the EU can confer protection as an unregistered design. This change eliminates ambiguities from previous regulations, an important aspect in the post-Brexit context, where many designers chose the UK for their first presentations. This clarification further harmonizes the legal framework and reduces uncertainties for creators operating across multiple markets.

Key challenges to monitor

While the reform has integrated significant advances for the digital age, uncertainties remain regarding the protection of AI-generated designs. This rapidly growing area raises fundamental questions about the adequacy of current legal frameworks, making it essential to ensure effective protection tailored to these new forms of creation.

Additionally, the growing divergences between EU and UK regimes, exacerbated by Brexit, require close attention. Creators and businesses must exercise caution to harmonize their design protection strategies in these two now-distinct territories, minimizing legal and commercial risks associated with this fragmentation.

Timeline and future prospects

The new provisions will take effect in May 2025 for the regulation, while Member States have until December 2027 to transpose the directive into their national laws. This phased approach aims to ensure a harmonized application of the new rules across the European Union, offering creators an adjustment period.

The EU design reform represents a significant step forward in modernizing the legal framework and addressing 21st-century challenges. By clarifying key concepts, simplifying processes, and anticipating technological developments, the European Union offers a robust and inclusive system. For businesses and creators operating in Europe, adapting swiftly to these changes is essential to maximize the protection and competitiveness of their designs.

For assistance with managing and protecting your designs, our intellectual property experts are at your service. Dreyfus Law Firm with an international network of lawyers specializing in Intellectual Property.

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