The new EU Designs Regulation and Directive, which together aim to update and simplify designs law in the European Union, have now been published. As such, changes to the Community Design system (soon to be called the "EU Design" system, under the new legislation) are to come into effect on 1 May 2025.
The published texts of the new legislation introduce the changes set out in our article of 25 April 2024. Of particular note are:
- broadening of the definition of "design" to include digital and virtual designs, graphical user interfaces, etc.;
- extension of the scope of protection granted, to expressly cover the creation and sharing of 3D print files;
- introduction of a new registered design symbol (D), to indicate that a design is registered; and
- full implementation of the repair clause, denying registered design protection for component parts of complex products whose appearance is dependent on the appearance of the complex product, and where the component part is used for the sole purpose of repair of the complex product to restore its original appearance.
Businesses that wish to protect their designs in Europe will undoubtedly be affected by the new legislation, not only in relation to how future protection is secured, but also in respect of the protection granted by existing design registrations. For further advice in this regard, please contact your usual M&C attorney.
the proposed changes provide expanded definitions and protection measures, and they intend to pave the way for a more dynamic and adaptable design ecosystem within the EU, with the intention of leading the way for the global IP community
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.
