In connection with the latest changes in the EU regulations on the protection of industrial designs, entrepreneurs and owners of industrial designs should prepare for significant modernizations.
The new rules will come into force from 1 May 2025 (the first package of changes) and from 1 July 2026 (the second package of changes). The introduced changes result from the needs of users using the privileges offered by industrial designs, which have been analysed over the years, in particular in the following areas: adaptation of the definition of an industrial design to modern technologies, extension of the scope of protection of proprietors, the need to simplify procedures and harmonize the provisions on industrial designs with other regulations in force in the European Union.
The basis for the changes is the adoption of two legal acts:
- 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
- Directive (EU) 2024/2823 of the European Parliament and of the Council on the legal protection of industrial designs (the ‘Recast Directive’)
Main changes in the regulations
Nowa terminologia:
- The existing ‘registered Community designs’ and ‘unregistered Community designs’ become ‘registered EU designs’ (REUD) and ‘unregistered EU designs’ (UEUD) respectively
- The Community Designs Court becomes the EU Design Court
- Identification of registered design protection has been introduced – letter “D” enclosed in a circle (D) – increasing the visibility of industrial design protection
Extended definition of the EU design:
- The new pattern definition now also includes animation. Animation is to be understood as a gradual change in the characteristics of a project, with or without maintaining their identity.
New definition of industrial design:
Industrial design – means the appearance of the whole product or part of the product resulting from the features, in particular lines, contours, colours, shape, texture or materials of the product itself or its decoration, including movement, transition or any other type of animation of these features
- The product definition now also includes non-physical elements such as graphical user interfaces, logos and other digital elements.
New product definition:
Product – means any industrial or handicraft item other than computer programs , whether it is embodied in a physical object or materialized in a non-physical form.
Adaptation to 3D printing technology:
- Exclusive rights protection for designs used in 3D printing has been introduced, covering, m.in other things, the creation, downloading, copying and distribution of digital media or software fixing the design.
New exceptions:
- The use of designs for the purposes of commentary, criticism or parody is allowed (protection of freedom of speech)
- A repair clause has been introduced on a “permanent” basis, excluding the protection of designs of spare parts used to restore the original appearance of complex products such as cars. This exception applies only for repair purposes and the spare part must match the appearance of the original part.
Changes in application and renewal fees:
- Design filing fee: a single fee of €350 has been introduced, covering both registration and publication (previously there were two separate fees).
- Collective application fee: the fee for each design will be €125
- Deferral of publication: the fee remains €40 for the first design, with an additional fee of €20 for each additional design.
- Renewal fees:
- The first extension increases from €90 to €150
- The second extension increases from €120 to €250
- The third extension increases from €150 to €400
- The fourth extension increases from €180 to €700.
Streamlining reporting procedures:
- All design applications must be filed directly with the EUIPO, eliminating the possibility of filing them through national offices
- The filing fee must be paid within a month to determine the filing date
- Removed the requirement for one class for a bulk report. A limit of 50 designs per application has been introduced.
- The fees for an application for invalidation of an industrial design have been reduced – it is to be EUR 320 instead of EUR 350 and for appeal (after the changes – EUR 720)
What does this mean for entrepreneurs?
The adopted changes are conducive to the harmonization of the intellectual property protection system in the European Union, ensuring greater transparency and efficiency, and also provide new opportunities for holders of industrial design registration in Europe. Businesses should carefully familiarise themselves with the new regulations in order to take full advantage of the benefits of simplified procedures and new possibilities for design protection.
More information on the changes can be found on the EUIPO website. If you have any questions, please contact our experts.
Helena Gajek
