Europe - EU designs: changes to legislation
Now that the Council of the European Union officially adopted the final versions of the Design Regulation (EU) 2024/2822 and the Design Directive (EU) 2024/2823, changes to the legal basis for the protection of EU designs (hereinafter "designs") have come into force. The new Regulation of the European Union partially entered into force on May 1, 2025 and will apply in full from July 1, 2025.
The most important provisions include a simplified registration procedure, a standardised term of protection for designs and more clearly formulated requirements for design applications.
Changes in terminology
According to the Directive, the term "European Union design” (“EU design") is used instead of the term "Community design". The scope of protection for designs has also been extended in line with the requirements of the digital age. The most important innovation of the two legal acts mentioned is that the scope of protection of a design now also includes the digital and virtual space, without overriding the previously applicable provisions, namely that a design protects the appearance of a product or part of it, resulting from the features of the contours, colours, shape, texture and/or materials of the product itself and/or its decoration. To ensure broader protection in the digital space, the definition of "design" has been extended to include movement or animation, and the product may be immaterial. Previously, the term "product" did not refer specifically to digital content. Now the definition includes objects, regardless of whether they are physical or digital, including graphical user interfaces.
The current law on design protection offers new opportunities for the protection of products in many areas, e.g. for applications (apps), digital (inner) spaces/VR, animation and gaming content, 3D models and 3D printing. The new regulations thus offer cost-efficient protection for creative designs throughout the EU, not only in the computer gaming industry, but also in many other areas of the digital industry.
Registration of designs - requirements
An application can include up to 50 designs, which do not have to belong to the same class (Locarno classification). The fee for registering the first design is 350 euros, and 125 euros for each additional design. The design must be visibly reproduced in the application. To meet the new requirements, the representation can be static, dynamic or animated and can be made by any appropriate means using generally available technologies, including drawings, photographs, videos, computer graphics and computer modelling. Unfortunately, it is not yet clear how this will be technically implemented. Upload restrictions, file format restrictions and the like can make registration considerably more difficult. In this context, the EUIPO is required to present appropriate guidelines.
Registered design (D)
The introduction of an (optional!) registration notice on a product or packaging in the form of a symbol (the letter "D" enclosed with a circle) now also offers the possibility of deterring potential infringers. In addition, the transit of goods infringing design rights through the EU will be prohibited in the future.
The structure and amount of the official fees will also change. There is now only one application fee and no longer a separate publication fee. Overall, registration will not become more expensive. However, the renewal fees to be paid will increase.
Summary
The new legal framework thus provides for a simplified registration procedure, a standardised term of protection for designs and clearly defined requirements for design applications. The new regulations will be particularly beneficial for small and medium-sized enterprises, as they are expected to reduce costs, simplify the registration procedure, speed up the processing time for applications and provide greater legal certainty for applicants.
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