The European Union has enacted significant reforms to its design law framework, with the new EU Design Regulation (EUDR) and EU Design Directive (EUDD). Starting from 1 May 2025 (with some provisions phased in through 2026 and beyond), the changes modernize and simplify design protection, expand the scope to digital and virtual products, and introduce new rights and procedures. Businesses and designers operating in or with the EU should be aware of the key updates and their practical implications.
Key Takeaways
- Broader protection: Digital, animated, and virtual designs are now clearly within the scope of EU design law.
- Streamlined filings: Easier and potentially more cost-effective application processes, especially for portfolios covering multiple products.
- 3D printing and digital enforcement: New rights and remedies for infringement in the digital and 3D printing space.
- Spare parts market: The repair clause will impact strategies for protecting and commercializing component parts.
- Disclosure strategies: Businesses should review their design disclosure practices, especially in light of the evolving rules for unregistered rights and the post-Brexit landscape.
Businesses and designers should review their IP portfolios and filing strategies in light of these changes and monitor further developments as Phase II of the reforms approaches. The new regime offers both expanded opportunities and new compliance challenges in the rapidly evolving world of design innovation.
Key Terminology
The reforms bring a rebranding of the design regime: the “Community Design” becomes the “European Union Design” (EUD), with registered and unregistered rights now known as REUD and UEUD, respectively. The Community Design Court is renamed the EU Design Court. These changes reflect a broader effort to harmonize and clarify terminology across the EU's intellectual property landscape.
Broader Definitions: Embracing Digital and Animated Designs
A central feature of the reforms is the expansion of what can be protected as a design. The definition of “design” now explicitly includes movement, transition, and animation, ensuring that dynamic and animated digital designs—such as user interfaces and visual effects—are covered. The definition of “product” is also broadened to include non-physical items, such as digital creations, virtual goods, and spatial arrangements (e.g., shop layouts or virtual environments). This shift recognizes the increasing importance of digital and virtual assets in modern commerce.
Simplified Application and Fee Structure
The application process for EU design protection is streamlined. All applications must now be filed directly with the EUIPO, and a single application fee replaces the previous separate registration and publication fees. Multiple designs (up to 50) can be included in a single application, regardless of product class, with reduced fees for additional designs. However, renewal fees will increase, particularly for later renewal periods.
Deferred publication
Applicants can continue to request deferred publication for up to 30 months from the date of filing of the priority date, whichever is earlier. However, in a new procedure, the design will be registered and details of the application will be published without the representations. The representations will be automatically published at the end of the 30 month period without the proprietor taking any further steps. Publication can only be stopped by filing a request to surrender the registration at least 3 months before expiry of the deferment period.
Enhanced Rights and New Limitations
The reforms extend the exclusive rights of design holders to cover 3D printing, making it an infringement to create, download, copy, or distribute digital files or software that embody a protected design.
Design holders can also prevent the transit of infringing goods through the EU, even if those goods are not intended for sale within the EU.
At the same time, new limitations are introduced to balance these rights. Acts of commentary, critique, parody, and certain referential uses (such as comparative advertising or teaching) are now expressly permitted, provided they are in line with fair trade practices.
A new “design notice” symbol—a “D” in a circle—can be used to mark protected products, helping to deter infringement and inform the public.
The Repair Clause: Impact on Spare Parts
A significant change is the permanent adoption of the “repair clause,” which excludes design protection for component parts of complex products (such as car parts) used solely to restore the original appearance of the product, so long as the origin of the component parts is made clear. This aims to foster competition in the spare parts market. For existing design rights, there is an eight-year transitional period (until December 2032) during which protection for registered spare part designs will continue.
Visibility and Disclosure: Adapting to the Digital Age
Design features no longer need to be visible at all times or in all situations to qualify for protection, except for component parts of complex products, which must remain visible during normal use.
The reforms also arguably address the issue of first disclosure for unregistered design (UEUD) rights. The previous requirement that first disclosure occur within the EU has likely been removed, possibly allowing simultaneous or non-EU disclosures to qualify for protection—an important consideration for businesses operating internationally, especially post-Brexit.
National Law Harmonization and Transitional Provisions
The Directive sets minimum standards for national design laws across EU Member States, including harmonized grounds for non-registrability (such as protection of cultural heritage) and uniform rules for deferment of publication. Unregistered design rights will no longer arise at the national level; only registered designs will be protected nationally. Member States have until December 2027 to transpose these changes into their laws. Importantly, these changes do not apply to the UK and, for example, the UK's existing deferred publication regime will remain unchanged.
Looking Ahead: Further Changes on the Horizon
Phase II of the reform, expected by July 2026, will introduce additional updates, particularly regarding the representation of designs (e.g., lifting the seven-view limit and allowing new file formats like JPEGs and MP4s for animated designs). The EUIPO will continue to provide guidance as these changes are implemented.
Businesses and designers should review their IP portfolios and filing strategies to take advantage of new opportunities, including the expansion in the types of design that can be protected and the ability to file multiple designs in a single application regardless of class, as well as to mitigate potential new challenges.
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.
