Renewed legislation for EU designs: what will change for you?

Design rights have been an important means of protecting design in the European Union for some time. However, the current legislation for EU designs is no longer in line with the digital age in which we now find ourselves. Since the introduction of design legislation, technological developments such as digital design, artificial intelligence (AI) and 3D printing have created new opportunities for designers. To better respond to these developments, the EU design legislation is being updated. These updated regulations are expected to be introduced in 2025. In this article, I discuss the most important changes for you as an entrepreneur.

What is a design right again?

Design law protects the external features of products, such as shape, color and texture. It provides designers and creators with exclusive rights to protect their designs from copying or imitation for a certain period of time, provided the design is new and distinctive. To obtain an EU design right, the design must be registered with the European Union Intellectual Property Office (EUIPO). It avoids the question of whether otherwise a design or drawing bears the originality and personal stamp of its creator to qualify it as a copyright “work.

What’s changing.

The new regulations contain several changes. It is going too far for this blog article to go into all the changes. Therefore, I discuss below the five changes that are most relevant to you as a business owner.

1. Protection of digital and non-physical designs

The updated legislation extends the protection of design rights to digital designs, such as graphical user interfaces, animations and visual effects used in movies, light shows or dynamic billboards. Whereas design rights previously applied only to physical objects, this update recognizes the growing significance of digital designs.

2. More options in registration

The new regulations make it possible to add video footage to your model application. This is especially a big step forward when registering animations. With moving images, you can clearly show which elements you want to protect and what the design looks like in different states. In fact, the design right provides protection only for the parts visible in the submitted images.

This modification replaces the current method, which required a series of still images to show the transition of the design. The new system makes the registration process not only simpler, but also much more accurate. This avoids a more difficult discussion of a copyright.

3. Multiple models in a single application

An important change in the new regulations is the elimination of the requirement that designs in a multiple application fall under the same Locarno classification. The Locarno classification, an international system that classifies designs by product type such as furniture or clothing.

Currently, designs that fall into different Locarno classes must be registered through separate applications. The proposed changes will change this: multiple designs, regardless of product type, can soon be submitted within a single application. This reduces the administrative burden and offers significant cost savings, especially for companies with several designs.

4. Higher renewal fees.

The fees for filing a design registration will remain low to make registering a design right attractive, especially for individuals and small to medium-sized enterprises (SMEs). In contrast, renewal fees will be gradually increased.

The new fee structure provides for an incremental fee schedule: the first renewal is €150, while at the fourth renewal it can reach €700. This avoids filling the registry with drafts that are no longer relevant, while allowing applicants the flexibility to renew protection as needed.

5. Spare parts of products no longer protected, repair freedom

More competitive opportunities: under current regulations, car manufacturers, for example, can protect the appearance of their cars and parts with a design right. This basically gives them a monopoly on the production of spare parts, as only the right holder can make such parts. This can limit consumer choice and make the spare parts market less competitive.

The new regulations address this problem by introducing repair clauses. These clauses exclude spare parts of composite products, such as cars, from design protection when they are used to restore the original appearance of a product. For example, a damaged car door can be replaced with an identical door without violating design rights. However, parts where design freedom exists, such as a steering wheel, remain protected under design rights.

Questions?

Do you have questions as a result of this article or other questions regarding design law or intellectual property law? Please contact us by email, telephone or fill out the contact form for an initial consultation. We are happy to assist you.