The European Union has enacted comprehensive reforms to its design protection framework with the adoption of the EU Design Legislative Reform Package. This reform represents the most comprehensive overhaul of EU design law in over twenty years, aiming to modernise design protection for the digital age while enhancing accessibility and harmonisation across member states.
Key amendments to the new European Union Design Regulation ("EUDR)" became effective from 1 May 2025, marking the beginning of Phase I of these substantial reforms.
Key Elements of the Reform
The new legislation consists of Regulation (EU) 2024/2822 on EU Designs1 and Directive (EU) 2024/28232 establishing minimum standards for national design laws across all 27 EU Member States.
Implementation Timeline
The reform is being implemented in two distinct phases:
Phase I (already in effect from 1 May 2025) – Introduces terminology updates, the new design notice symbol, fee structure changes, and several substantive amendments.
Phase II (effective 1 July 2026) – Will implement secondary legislation bringing additional changes, particularly related to design representation regimes.
EU Member States are required to transpose the Directive into their national legislation by 9 December 2027.
New Terminology
A major change in Phase I is the update to terminology within EU design law. The Community Design Regulation ("CDR") is henceforth referred to as the European Union Design Regulation ("EUDR"). Registered Community Designs ("RCDs") will become Registered European Union Designs ("REUDs"), and Unregistered Community Designs ("UCDs") will become Unregistered European Union Designs ("UEUDs").
New Design Notice Symbol
The reform introduces a new design notice symbol. Rights holders can inform the public that their design is registered by displaying on the product the letter "D" enclosed within a circle ("Ⓓ"). This standardised symbol provides a simple visual indicator of design protection, similar to the registered trade mark symbol (®).
Expanded Definitions
The reform significantly broadens the definitions of "design" and "product." The definition of a design now explicitly includes "the movement, transition or any other sort of animation" of the features of a product's appearance, ensuring that animated designs are fully protected under EU law.
Products are now defined to include any industrial or handicraft item "regardless of whether it is embodied in a physical object or materialises in a non-physical form." This expansion enables protection for digital creations, virtual goods, graphic works, logos, user interfaces, and other non-physical forms.
Digital Age Adaptations
The reforms address challenges posed by digital technologies like 3D printing and computer-aided design (CAD). The exclusive rights granted by a design registration are extended to 3D printing, with the legislation clarifying that activities such as creating, copying, and distributing 3D-printed designs will now be considered infringements. Design holders can now object to "creating, downloading, copying and sharing or distributing to others any medium or software which records the design for the purpose of enabling an infringing product to be made."
Procedural Improvements
The reform simplifies the filing process by making centralised filing mandatory. EU design applications must now be submitted directly to the EUIPO rather than through national offices, and a fee will be required to establish a filing date.
Notably, the "unity of class" requirement for multiple design applications has been abolished. Applicants will now be able to combine different products in a single application regardless of Locarno classification3, thus benefiting from discounts on fees for multiple applications.
The Repair Clause
The reform makes permanent the previously transitional "repair clause." Design protection will not apply to component parts of a complex product used solely for repairing the complex product to restore its original appearance. This exception applies exclusively to component parts used for repair purposes.
Ownership Changes Made Easier
A practical improvement in the reform allows rightful owners to now directly request ownership changes without first having to invalidate a design. This streamlines the process of correcting design registrations that may have been filed by unauthorised parties.
Impact and Future Outlook
These reforms reflect the EU's strategic objective adapting intellectual property frameworks to technological evolution while balancing the interests of designers, businesses, and consumers. By addressing digital challenges, streamlining procedures, and harmonising protection across member states, these reforms aim to strengthen the competitiveness of the design sector while fostering innovation in the digital age.
As design protection increasingly extends to virtual environments and digital products, these changes place the EU's design framework amongst the most modern and comprehensive in the world.
Footnotes
1 Regulation (EU) 2024/2822 of the European Parliament and of the Council of 23 October 2024 amending Council Regulation (EC) No 6/2002 on community designs and repealing Commission Regulation (EC) No 2246/2002.
2 Directive (EU) 2024/2823 of the European Parliament and of the Council of 23 October 2024 on the legal protection of designs (recast).
3 The Locarno Classification is an international system used to classify industrial designs into categories and subcategories for registration purposes (e.g. furniture is classified under Class 6, with chairs specifically under Subclass 06-01).
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