On 8 December 2024, the new design reform package entered into force after almost a decade of preparatory and legislative work. The new design regulation will be fully applicable in four months, while Member States have 36 months to implement the directive into national law.
Modernising EU design protection
This reform addresses the rapid growth of design-driven industries, and represents a pivotal update to EU design laws, aimed at reducing costs, streamlining registration processes, and harmonising EU and national systems.
Key changes in the EU design reform:
1. Expanded definition of ‘design’
Registered Community Designs (RCDs) will now be known as Registered EU Designs (REUDs), while Unregistered Community Designs (UCDs) will become Unregistered EU Designs (UEUDs). Additionally, the definition of a design has been updated to include movement, transition, or animation, reflecting the rising prominence of digital and animated design elements.
2. Broader definition of ‘product’
The concept of a “product” has been expanded to cover industrial or handicraft items, whether they are physical or non-physical, excluding computer programs. This includes symbols, logos, surface patterns, NFTs, and animations, broadening the scope of protection.
3. Flexible application process
A more adaptable application system allows applicants to include multiple designs in a single submission, even if they belong to different Locarno Classes. This change makes the process simpler and more efficient for businesses managing varied design portfolios.
4. Lower application fees
The cost of registering a design has been significantly reduced, with the standard fee dropping from EUR 350 to EUR 230. Additional designs can now be added for EUR 125 per design, while applications covering 2-10 additional designsare charged EUR 175 per design.
5. Revised repair clause
Design rights will no longer apply to components used for repairing or restoring the original appearance of complex products. Furthermore, manufacturers and sellers must disclose the commercial origin and producer of the product to enhance transparency.
6. Cultural heritage protection
Member States will have the authority to block the registration of designs that exploit elements of cultural heritage, such as monuments, artifacts, or traditional crafts, ensuring these important assets are respected and preserved.
How can we help you?
aera is here to support you in navigating these changes and optimizing your design portfolio. Our expertise includes conducting strategic reviews of your design portfolio, providing guidance on the new categories of designs and their optimal use, renewing existing EU designs to help you save costs, and enforcing your design rights against infringers.
