Das neue EU Designrecht tritt am 1. Mai 2025 in Kraft!

The following provides an update on the new EU Design legislation which will be applicable on May 1, 2025. The reform package is composed of EU Design Regulation (EU) 2024/2822 and EU Design Directive (EU) 2024/2823 and will apply in two phases as from May 1, 2025 and, for aspects requiring implementing the legislation, as from July 1, 2026.

Summary

There is a change in the terminology:

The Community Design becomes the European Union Design (“EU Design” or “EUD”).

The new legislative package aims at harmonizing design protection at national and EU level in bringing into line the national provisions of all EU countries with the EU legislation and in implementing a convergence of the national practices.

The reform modernizes design protection in addressing the challenges raised by digital technologies and the development of virtual worlds. One of the most significant changes is the extension of design protection to new kinds of designs, such as animations and designs which are not embodied in any physical product.

The reform strongly simplifies the fee regime at the EUIPO as well as the design registration procedures, inter alia in relation to multiple design applications and to the representation of the applied-for designs.

Moreover, the protection of design holders is reinforced, inter alia against 3D-printing and as regards infringing products which are in transit in the EU.

1. Changes with regard to formalities and application procedures

-Multiple design applications without class unity requirement (as from May 1, 2025)

The unity of class requirement is abolished. This means that design applications may cover multiple products of different nature falling into different classes of the LOCARNO classification. Up to 50 designs may be filed with one application.

Ultimately, designs for generators and GUIs (graphical user interfaces) can be registered in one design application as a multiple design. This fundamental change makes EU design applications much easier and cheaper.

-Simplified application fee regime (as from May 1, 2025)

The fee system in EU design registration proceedings becomes much simpler. The reform eliminates the separate publication and registration fee. Only an application fee will be due. This official fee amounts to EUR 350 for one design and EUR 125 for each additional design (multiple design applications). In total, in case of multiple applications up to 20 designs, the application fee will be cheaper than under the current legislation.

-Increase in renewal fees (as from May 1, 2025)

On the other hand, the renewal fees (for five additional years up to 25 years) will increase. They will amount to EUR 150 after the 1^st period, EUR 250 after the 2^nd period, EUR 400 after the 3^rd period and EUR 700 after the 4^th period.

Given this, holders of registered Community designs should consider renewing their designs before May 1, 2025.

2. Changes of substantive law:

–Protection for new types of designs (as from May 01, 2025, fully effective as from July 1, 2026)

The reform broadens in a particularly innovative manner the definition of the designs and products eligible for protection, thus responding to the massive development of digital technologies and the need for protection in virtual environments. 

In addition to the “classical” designs, the EU Design Regulation clarifies that a product can be any industrial or handicraft item other than computer programs regardless of whether it is embodied in a physical object or materializes in a non-physical form. The design protection may be granted inter alia for:

• The appearance of products materializing in a non-physical form

Examples: Pattern of surfaces with lighting effects; virtual items in video games; virtual assets protected by NFT

• The movement, transition or any other sort of animation of product features

Examples: Transition of colours or ornaments in products, movements of complex products such as works of art.

• Spatial arrangements of items forming interior or exterior environment, including virtual environments

Examples: Arrangement of retail shops or exhibition/trade fair stands, interior or exterior spaces in virtual worlds, i.a. video games or metaverse.

• Graphical User Interfaces (GUIs)

GUIs have already been accepted as design registration by the EUIPO in the past, but GUIs are now explicitly mentioned in the EU Design Regulation text.

The rules for the representation of the designs in applications, especially as regards animated designs (e.g. whether video files can be used as representation of the design), still must be tailored and will be applicable as from July 01, 2026. For this reason, the protection of animated designs will be fully effective as from this date only.

-Modernized design representation in applications (as of July 01, 2026)

The application for design registration shall contain a sufficiently clear representation of the design, enabling the subject matter of the design to be determined. This includes the use of visual disclaimers for all aspects for which no protection is sought.

While, until now, designs shall be represented with up to seven static views, the reform provides that designs may be represented in any form of visual reproduction, i.e. not only with static views but also with dynamic or animated reproductions. The reproduction may use any generally available technology, including 3D-views, video files, computer imaging /modelling.

The details of the new representation rules (as regards inter alia the amount, format and size of data, the permitted types of visual disclaimers, etc.) still have to be defined, so that the rules will be applicable as from July 1, 2026 onwards.

-Strengthened rights conferred on design holders (as of May 01, 2025)

The Regulation addresses the growing use of 3D-printing and digital technologies for the (re)production of items and hence considerably enlarges the rights of design holders to prevent such unauthorized reproductions. The scope of the exclusive rights conferred by a design has been adjusted to extend to 3D printing. Now, also creating, downloading, copying and sharing or distributing to others any medium or software which records the design represent infringing uses of a design.

-Clear specifications related to spare parts of complex products (as from May 01, 2025)

The reform implements the so-called “repair clause” making it clear that the holder of a design relating to a spare part of complex products (e.g. a car) cannot exercise a monopoly and cannot prevent a third party from placing on the market spare parts destined for repairing a product or restoring it to its original appearance.

This clause limits the scope of protection of the design right and strengthens the spare part market: Spare parts which are used for the purpose of repairing a complex product so as to restore its original appearance do not infringe the protected design. To benefit from this exception, suppliers of spare parts must inform the consumers that the parts are no original products and must specify their origin.

This exception is strictly limited to spare parts restoring the original appearance of the complex products (e.g. “car hood”), i.e. the replacement part must match the appearance of the original part (“must match parts”). The exception does not cover tuning parts (“wheel rims”) or other parts with only a quite similar appearance which are compatible with the original product (“must fit”).

–New Design registration symbol as marketing tool

A new design registration symbol Ⓓ (D in a circle) is introduced for holders of EU or national designs to facilitate marketing and raise awareness about the design protection.

The letter Ⓓ may be displayed on the product in which the design is incorporated or to which it is applied. It remains to be seen how this registration symbol will succeed in industry and the public opinion.

Closing remarks:

We would like to point out that EU design law will continue to provide protection without substantive examination. Applicants of EU designs will therefore profit from fast and sound application proceedings at the EUIPO, allowing design registrations within a few days.

Any further questions?

We, at Müller Fottner Steinecke, remain at your disposal in case you require any additional information in relation to design protection.