On 18 November 2024, the long-anticipated EU legislative reform package on designs was officially published in the Official Journal of the European Union. This package comprises:
- Regulation (EU) 2024/2822 of the European Parliament and of the Council of 23 October 2024, amending Council Regulation (EC) No 6/2002 on Community designs and repealing Commission Regulation (EC) No 2246/2002, and
- Directive (EU) 2024/2823 of the European Parliament and of the Council of 23 October 2024 on the legal protection of designs.
The Amending Regulation came into force on 8 December 2024 and will be implemented in two phases.
Phase 1 – Effective 1 May 2025
Below are key changes applicable from Phase 1:
1. Updated Terminology
All references to “Community” are replaced with “European Union” or “Union.” Consequently, the term Community design is now referred to as European Union design (EU design or EUD).
2. Broadened Definitions
- The definition of design now explicitly includes animations.
- The definition of product has been revised to cover non-physical items, reflecting technological developments.
3. Exclusive Rights and Their Limitations
- 3D printing is now explicitly included within the scope of design protection.
- Two new limitations to exclusive rights have been introduced:
- Acts intended to identify or refer to a product for interoperability purposes.
- Uses for commentary, critique, or parody, supporting freedom of expression.
Additionally, the transitional repair clause becomes a permanent provision. Components used solely to repair complex products and restore their original appearance will not benefit from EUD protection.
Design owners – or authorized third parties – may now display the Ⓓ design notice on products to raise awareness of design rights and aid in product marketing.
4. Filing and Examination of Registered EUDs
Key procedural updates include:
- Applications can no longer be filed via national IP offices.
- Application fees must be paid within one month to secure a filing date.
- Submission of physical specimens is no longer required.
- The “unity of class” requirement has been abolished, allowing greater design variety in a single application.
- Deferred publication no longer requires a fee; however, applicants must surrender the design to prevent it from being published. There is a fee for deferment of publication: The deferment of publication is no longer subject to the payment of a publication fee. Consequently, design owners can no longer prevent publication by failing to pay, but must explicitly renounce designs that they do not wish to be published. Failure to pay the deferment fee at the time of filing will result in the rejection of the application.
5. Renewal of an EUD
- EUD renewals now align with EU trademark rules.
- A registered EUD will expire on its exact expiry date, not the end of the month.
- The six-month grace period begins immediately after the expiry date.
6. Updated Fees
Significant fee-related changes include:
- Unified application fee, combining registration and publication costs.
- Increased renewal fees.
- New fees for:
- Continuation of proceedings
- Modifications of registered EUDs
- Reduced fees for:
- Declarations of invalidity
- Appeals
- Abolished fees include:
- Late registration fee
- Deferred publication fee
- Transfer registration fee
- Licence cancellation fee
- File consultation and information provision
- Certified/unofficial copy requests
Looking Ahead: Phase 2 – Effective 1 July 2026
Phase 2 will introduce further amendments, including changes through secondary legislation (Implementing and Delegated Regulations).
Author: Laura Selas
This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.
