EU Design Reform: What You Need to Know

Exciting news in the design world: major changes to European design protection laws have come into effect - and they’re set to have a significant impact on what can be protected.  As always, we recommend seeking professional advice when applying for any kind of IP protection. Our experienced team at ip21 can support you with both UK registered designs and EU registered designs, ensuring your rights are as robust and strategic as possible.

 

What Does a Design Registration protect?

A registered design protects the visual appearance of a product. In both the UK and  EU,  the design must  be:

·         New - not previously disclosed to the public; and

·         Of individual character - creating a different overall impression on an informed user compared to existing designs.

The EU Intellectual Property Office (EUIPO) previously defined a design as:

‘The appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation (Article 3(a) CDR)'.

A product in this context included industrial or handicraft items, parts for ‘complex products’, packaging, get-up, graphic symbols and typographic typefaces – but, notably, not computer programs.

 

Why Are Changes Being Introduced?

Modern technologies have blurred the lines of what constitutes a "design." From digital user interfaces to 3D-printed objects and virtual goods like NFTs, innovation has outpaced legislation.

These reforms aim to:

• Enable protection of emerging types of designs.
• Harmonise design laws across EU member states (e.g., the ‘Repair Clause’).
• Streamline the application process, including removal of the ‘same Locarno class’ requirement.

The changes are being introduced in phases:

• Phase 1: Came into force on 1 May 2025.
• Final phase: Expected December 2027, with details still to come.

  

Key Highlights of the New EU Design Law Reforms:

-         Definitions and terminology

• The previously termed ‘Community Design’ is renamed as a  ‘Registered EU Design’.
• Non-physical items will fall under the definition of a ‘product’ for protection. This therefore includes virtual designs such as e.g. NFTs (non-fungible token), GUIs (graphical user interface) and digital fashion.
• Elements not constantly visible will also be protectable e.g. projections or images displayed on electronic screens – even though not seen when the display is turned off.
• A new ‘D’ in a circle - Ⓓ (similar to the © symbol for copyright) will be usable to draw attention to your registered design rights.

-         Animations 

• Will now be protectable: including movement and transition. 

-         3D printing

• A now commonplace tool in many industries, has been given a framework for protection. Design registrations in this area under the new legislation will cover: creating/downloading/copying/sharing and distributing medium or software holding the design recordal.

-        Abolishment of ‘same class’ requirement for multiple design applications

• The previous unity of class’ requirement has been removed. The new legislation allows a variety of products in any so called ‘Locarno class’ to be included in one application – enabling reduced initial filing fees for applicants. 

-        Renewal Fees

• Renewal fees have increased for each subsequent renewal period (up to 25 years protectable – payable in 5 year chunks) to encourage protection only of truly required designs. At ip21, we manage tracking when renewals are due so your rights are safe. 

-        The ‘Repair Clause’

• This regulation allows spare part manufacturers the right to reproduce parts or components that ‘restore the original appearance of a so called ‘complex product’ . A ‘complex product’ is  defined as ‘a product that is composed of multiple components that can be replaced, permitting disassembly and reassembly of the product’. The new law will harmonise existing differences between EU member state laws on allowing this.   

-       ‘Fast Track’ invalidation procedure (in secondary legislation)

• A known negative strategy has been employed by some individuals to deliberately hinder competitors. This involves design applications being filed for designs known to have already been used long term by others -exploiting the lack of substantive examination in the registered design application process. The new legislation aims to target this issue.

 

Design Protection vs Patents: Which Do You Need?

In assessing what protection is best for your work, it’s important to consider what you’re trying to protect.  The purpose of a design is to protect the appearance of a product. If broader protection is required for technical features, then pursuing patent protection may be more appropriate. Our team at ip21 are on hand to advise what is most suited to your needs.

Design applications in the UK and the EU are not substantively examined, so this can be a relatively quick and cost-effective form of IP protection to obtain. Once registered, the rights of an EU design are effective in all EU countries.

 

Brexit Reminder: UK and EU Designs Now Require Separate Registrations

Since Brexit, EU Registered Designs no longer cover the UK. If you want protection in both territories, you must file separate applications. At ip21, we’ve helped clients navigate this transition and ensure their design rights are secured across all relevant jurisdictions.

 

How ip21 Can Help

With design laws evolving rapidly - especially post-Brexit - it's more important than ever to have expert guidance.  The specific factors of your situation should be taken into account when considering your best course of action. Our team at ip21 can assist you with preparing and filing both UK and EU design registrations and navigate you through changes as they come. We provide clear and concise advice on effective IP protection tailored to your business.

 

In Summary

The EU’s updated design legislation reflects the realities of the digital age - offering broader, more flexible protection for modern innovation.

These changes also mark a growing divergence from UK design law, raising questions about future reform in the UK.

Whether you're designing physical products, virtual goods, or anything in between, now is the time to review your IP strategy. ip21 is here to help you make the most of the opportunities these reforms present.

Watch this space for further updates—or get in touch with us today to discuss how the changes could impact your designs.

Written by Rachel Daniel and Mark Saunders for ip21