Improved Design Protection in a Nutshell
The European Union has unveiled significant updates to its design law, heralding a new era of protection and innovation for creators and businesses. Phase I of this reform came into effect as of 1 May 2025 (by Regulation (EU) 2024/2822), and this will be further complemented by Phase II, the introduction of Directive (EU) 2024/2823, which will be effective from July 2026. This reform rebrands Registered Community Designs (RCD) to European Union Designs (EUD) and introduces a broader range of registrable designs, enhanced enforcement mechanisms, and streamlined procedures, signifying a substantial evolution in the realm of intellectual property.
Enhanced Scope in EU Design Law
The updated rules introduce revised terminology (e.g., RCD to REUD), updated definitions and legal references, and procedural changes including the elimination of national filings and the unity of class requirement. Additional modifications address entitlement proceedings, allow decisions on surrendered or expired designs if there's a legitimate interest, clarify res judicata, extend priority effects under Article 25(1)(e) and (f) EUDR, and adjust the calculation of basic renewal periods.
Designs incorporating movement, transitions, or animations can now be registered, including digital interfaces and dynamic icons. The scope of registrable designs has expanded to include non-physical products such as logos, surface patterns, and graphical user interfaces.
Stronger enforcement mechanisms have been introduced, allowing rights holders to prohibit the creation, sharing, downloading, or distribution of any medium that records a protected design for producing infringing goods. Two new exceptions to infringement have been codified: use of a design for identifying or referring to a product, and acts undertaken for commentary, criticism, or parody.
Looking Ahead
While Phase I of the EU design legislation reform brings substantial modernization and simplification to design protection across the EU, further changes are on the horizon. Phase II is set to introduce additional key developments—particularly in the area of design representation—ensuring EU design law keeps pace with technological and market evolution.
