After nearly a decade of preparation and legislative efforts, the highly anticipated EU Design Reform Package has officially entered into force. With sweeping changes set to take effect as soon as May 1, 2025, this marks a pivotal moment for design protection in the EU!
Modernising EU design protection
This reform responds to the rapid expansion of design-driven industries and represents a landmark update to EU design laws. It aims to modernize, clarify, and strengthen design protection while harmonizing EU and national systems for greater consistency and efficiency.
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. Changes in fee structure and levels
The reform unifies the previous registration and publication fees into a single application fee. This means applicants now pay one fee that covers both the initial registration of the design and its publication.
The reform furthermore introduces new renewal fees, which are significantly different from the old fees. The new fees are structured to increase with each renewal period.
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.
