Revolutionizing EU Design Protection: Key Changes Under the New Designs and Models Regulation
In Short
The Situation: May 1, 2025, marked the entry into force of most provisions of Phase I of the new Regulation (EU) 2024/2822, which forms part of the "Designs and Models Package" adopted within the European Union. This text, in addition to forthcoming developments, profoundly reforms the EU design (formerly known as "Community design") regime, modernizing protection, registration procedures, and the scope of rights.
The Development: The Regulation introduces major changes that improve accessibility of design protection in the European Union: broadening the definition of designs and models, adapting to digital challenges, new filing and renewal modalities, revision of fees, extension of prohibited acts, harmonization of exceptions (notably the repair clause), and an overhaul of cancellation and renewal procedures.
Outlook: This reform aims to make design protection more accessible, effective, and suited to current technological and economic realities. It directly impacts the protection strategies of businesses, especially in the design, industrial, life science, and digital sectors.
As of May 1, 2025, the following noticeable changes apply to EU designs:
Broader Products and Protectable Features
The definitions of "design and model" and "product" are expanded to include not only the appearance of a physical product, but also non-physical (dematerialized) products. Protectable features include movement, transition, and animation, in addition to lines, contours, colors, textures, and materials (article 3 §§ 1 and 2 of the Regulation).
Modernization
The term "Community design" is updated to "European Union design" ("EU design"). To facilitate the marketing of EU designs and enhance the visibility of their protection, a visual symbol Ⓓ has been introduced, providing greater consistency within the system by aligning it with the symbols used for other EU intellectual property instruments, such as ® for registered trademarks or © for copyright (article 26 bis of the Regulation).
Harmonization of Exceptions and Repair Clause
The Regulation adds two exceptions to the exclusive right conferred by designs and models, notably:
- Referential use (reproduction to identify a product or refer to it).
- Parody, commentary, and criticism, in compliance with freedom of expression and provided that they do not unduly prejudice the normal exploitation of the design or model.
- The repair clause becomes mandatory; protection does not apply to parts of complex products used for repair in order to restore the product's original appearance, subject to an obligation of information and labeling by the manufacturer (article 20 bis of the Regulation).
Scope of Rights and New Prohibited Acts
The list of prohibited acts is expanded to include 3D printing. In addition to manufacturing, offering, marketing, importing, exporting, and storing, it is now forbidden to create, download, copy, share, or distribute any medium or software reproducing the design or model for the purpose of manufacturing a product. This extension aims to combat digital infringement and the illicit use of 3D files (article 19 § 2(d) of the Regulation).
Filing and Examination
The reform centralizes the filing of designs with the European Union Intellectual Property Office, removes the requirement for unity of class and the submission of physical samples, and requires advance payment of the fee to set the filing date. Multiple applications are now limited to 50 designs, and deferment of publication is no longer subject to the payment of a fee. In addition, renewal is aligned with the EU trademark regime, with a simplified fee structure and a more up-to-date register (articles 35, 37, 38, and 50 of the Regulation).
Revision of Fees
The Regulation unifies registration and publication fees into a single application fee and introduces a flat fee per additional design for multiple applications. It also abolishes certain taxes, such as those for late payment or cancellation of the registration of a license (Annex 1 of the Regulation).
Cumulative Protection with Copyright
Cumulative protection by design law and copyright is confirmed, provided that the object meets the originality requirement under EU law (article 96 of the Regulation).
Conclusion
The entry into force of the Phase I of the Designs and Models Package marks a major step in the modernization of design law within the European Union. The provisions of Phase II, requiring legislative measures by Member States, will enter into force as of July 1, 2026. The forthcoming Phase II, together with Directive (EU) 2024/2823 (which must be implemented by Member States by December 9, 2027), is expected to introduce further significant changes, including those concerning the regime for design representation, to ensure that EU design law remains strong and adaptable to ongoing technological and market developments.
Companies and creators are encouraged to adapt their protection strategies and anticipate the new opportunities and constraints arising from this renewed framework.
Three Key Takeaways
- Modernization and Digital Adaptation: The Regulation adapts design protection to the digital age, broadening the definitions of "design" and "product" and scope of rights, notably to include 3D printing.
- Reformed Procedures and Fees: Filing, cancellation, and renewal procedures are simplified and harmonized, with a revision of fees to encourage access to protection while limiting dormant titles.
- Harmonization of Exceptions and Repair Clause: The repair clause and exceptions are clarified and harmonized, aimed at promoting competition in the spare parts market and freedom of use for noncommercial purposes.
