The European Union has implemented a reform to harmonize its comprehensive framework of design protection legislation. This reform is achieved through the adoption of two legislative instruments being Regulation (EU) 2024/2822 (the "Design Regulation") and Directive (EU) 2024/2823 (the "Design Directive").
Such amendments aim to modernise, clarify and improve accessibility of design protection and enhance interoperability of design protection systems in the EU.
The applicability of the reform is split into two phases. The first phase introduces some amendments and are enforceable from the 1st of May 2025 whereas the second phase implements the rest of the amendments including those published in secondary legislation from next year, the 1st of July 2026.
Overview of major changes
Some key changes include the broadening of the definitions of "design" and "product" to include digital creations such as graphical user interfaces (GUIs) and animations. New terminology has also been introduced where "Registered Community Designs" (RCDs) is replaced with "Registered EU Designs" (REUDs), while "Unregistered Community Designs" (UCDs) will be referred to as "Unregistered EU Designs" (UEUDs). Furthermore, a new registration symbol "Ⓓ" has been introduced for designers to use to signify that the design is protected under EU law.
The registration process is simplified through the removal of the "unity of class" requirement. This means that applicants can file multiple designs from different Locarno classes, provided that no more than 50 designs are submitted. Application and renewal fees have also been simplified, while the calculation of renewal periods has been changed to follow that of EU trademarks renewal.
Such reform has clarified many grey areas in EU Design Protection law by adapting to modern times and simplifying procedures. These amendments enhance clarity and strengthen legal certainty.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
