EU Design Changes

From 1 May 2025, Phase I of the EU Design Reform will bring a number of changes that will affect European designs. The EUIPO have published a “design-reform-hub” here which provides further official details on the EU Design Reform.

The new legislation will bring in changes to both the EU design system (see a. below) and design protection according to national laws in the EU Member States (see b. below):

1. The new European Design Regulation (“EUDR”), published here, as the Amending Regulation on Community designs no. 2024/2822, will apply from 1 May 2025. However, there are certain provisions that require secondary legislation which will only be applicable from 1 July 2026. These Phase II changes will inter alia include a new design representation regime. Since this is still in the legislative process, there are no details available at this point.
2. Although the new European Design Directive (“EUDD”), published here, as “the Recast Directive on the legal protection of designs no. 2024/2823” entered into force on 8 December 2024, EU members have 36 months (until 9 December 2027) to transpose into national legislation.

WHAT ARE THE MAIN CHANGES TO THE EU DESIGN SYSTEM?

The main changes are as follows:

Terminology

1. References to the “Community” will be substituted by references to the European Union, or, where applicable, the Union.
2. The Community Design becomes the European Union Design (EU design or EUD).
3. The Registered Community Design and Unregistered Community Design will become the Registered EU Design (REUD) and the Unregistered EU Design (UEUD).
4. The Community Design Court will become the EU Design Court.

Fee changes

1. There will be a new fee structure with significant changes.
2. The publication fee and registration fee will be absorbed into a single application fee, with effectively no change in the overall amount.
3. Fees for multiple applications have been simplified.
4. Renewal fees are increasing.
5. There will be new fees for a request for continuation of proceedings and for a request for alteration of a registered design.

Definitions

1. The definition of a “design” has been broadened to encompass explicitly animations.
2. The definition of “product” has been revised as well to now explicitly include non-physical items.

Exclusive rights and limitations 

1. Exclusive rights extend specifically to 3D printing. Creating, downloading, copying and sharing or distributing to others any medium or software which records the design represents infringing uses of a design.
2. The “repair clause” will become a permanent provision, and it applies exclusively to “must-match” parts. For existing national design rights in EU Member States there is an additional transition period of 8 years for which these existing design rights for component parts continue to be protected. The respective mandatory repair clause in the Directive has to be transposed into national law by 9 December 2032.
3. Two new limitations to the exclusive rights are introduced concerning identification and referencing as well as comment, critique or parody.
4. A design notice system with a “D in a circle” (D) is being implemented.

Filing, Examination, and Renewal 

1. Applications for Registered EU Designs can only be submitted directly to the EUIPO.
2. Payment of the application fee will be a requirement for the granting of a filing date.
3. For multiple applications the unity of class requirement will be abolished, but there will be a limit of 50 designs per multiple application.
4. The system of applications with deferred publication changes: the deferred publication will no longer be subject to the payment of a separate publication fee (which has in fact been absorbed into the application fee). Therefore, designs with deferred publication will automatically be published at the end of the deferment period. To avoid publication, owners now need to actively surrender the design registration.
5. The basic period for renewal will be changed to the six-months period prior to the expiry date. For the first 5-year period of protection, the expiry date is 5 years after the application date.

WHAT DOES THIS MEAN TO YOU?

We will continue to monitor EUIPO updates and keep you informed, in particular, on the substantial changes that will come with Phase II of the EU Design Reform in June 2026. You will also notice a change in some of our reporting correspondence to accommodate these changes. In the meantime, if you have any questions about how these changes might affect your designs or filing strategy, please do not hesitate to get in touch.