The reform of design law undertaken by the European Union is reaching a new stage. Following the publication, in 2024, of Regulation (EU) 2024/2822 and Directive (EU) 2024/2823, a first phase of application began on 1 May 2025. A second phase, mainly concerning technical and procedural developments, will become applicable on 1 July 2026.

This date also marks the entry into force of Regulation (EU) 2026/715, which is intended to replace Regulation (EC) No 6/2002 in order to codify the regime applicable to European Union designs. On this occasion, we provide you with an overview of the main changes introduced by the reform.

European Union designs

Definitions and terminology

  • The term “Community design” is now replaced by “European Union design”.
  • The definition of a design has been modernised to include the appearance conferred by the movement, transitions or any other animation of its features. It applies to a product, the concept of which is now extended to non-physical forms, thereby officially covering logos, graphic symbols and digital user interfaces. When filing, creators may represent their design using modern digital formats, such as video, imaging or computer modelling (3D). Protection only covers the features of appearance that are visibly represented in the application for registration.
  • The use of the symbol Ⓓ is officially authorised as an indication of registration to the public.

Scope of protection

  • Enhanced protection
    • With respect to 3D printing: holders may now prohibit the creation, downloading or sharing of digital media or software intended to enable the unauthorised manufacture of protected products.
    • For products in transit: the holder of a registered design now has the right to prohibit the passage through European territory of counterfeit products coming from third countries, unless the holder of the goods proves that the design holder may not lawfully oppose their sale in the final country of destination.
  • Consent of the holder: the invalidity of a design may no longer be declared if the holder of an earlier right has expressly consented to the registration before filing their application for a declaration of invalidity.
  • A permanent repair clause: the reform introduces a permanent derogation from design protection for certain parts of complex products used exclusively for repair purposes, where such repair is intended to restore the initial appearance of the product. This exception applies provided that the consumer is duly informed of the origin of the part.
  • Limitations on exclusive rights: the reform adds uses that may not be prohibited by the holder:
    • Use for the purposes of comment, criticism or parody
    • Acts carried out to identify a product or to refer to it as being that of the holder
  • Unregistered designs: The reform removes the provision which excluded from protection as an unregistered design a design “which has not been made available to the public within the territory of the Community”. The applicable provision therefore remains Article 11 of the 2002 Regulation: the three-year protection of an unregistered design arises automatically upon its first public disclosure, provided that the professional circles in the EU could reasonably have become aware of it.

Simplification of the procedure

  • Centralisation of applications: all applications for EU designs must be filed with the EUIPO; it is no longer possible to file through national offices.
  • Deferment of publication: When filing an application, a creator may request that publication of their design be deferred for a maximum period of 30 months from the filing date or priority date. Unless the holder waives this deferment, the EUIPO automatically publishes the design at the end of the deferment period.
  • More flexible multiple applications: a single application may now include up to 50 designs. In addition, the requirement of “unity of class” is abolished: the designs no longer have to fall within the same Locarno class in order to be filed together.
  • Simplification of the fee system, in particular through the introduction of a single filing fee of EUR 350, including publication. It should be noted that renewal fees have increased.
  • Renewal of titles is now aligned with the regime applicable to trade marks, with the calculation based on the filing date.
  • A new accelerated invalidity procedure allows the Office to rule as a matter of priority on the cancellation of an EU design where its holder does not contest the grounds invoked.

National designs

Directive (EU) 2024/2823 requires Member States to adapt their national laws by 9 December 2027.

  • Harmonisation with the EU design regime (definitions, filings, rights, prior use, etc.)
  • Updating of grounds for refusal
    • Mandatory grounds for refusal: an office must refuse a filing if it does not correspond to the definition of a design, if it is contrary to public policy or if it abusively uses official symbols such as flags.
    • Optional grounds for refusal: States may decide to add grounds in order to protect emblems of public interest or elements of their national cultural heritage (monuments, costumes).
  • Administrative invalidity action: the reform allows States, if they so decide, to establish an “efficient and expeditious” administrative invalidity procedure directly before their national office.

The objectives of the reform

Undertaken with the aim of modernising a twenty-year-old framework, the design reform adapts protection to today’s technological developments. It also aims to make the system more accessible for SMEs and independent creators, by simplifying procedures and reducing administrative costs, to establish greater legal certainty, and to promote the circular economy.

Image by Tara Winstead (Pexels)