Recently the EU Council has approved a reform package updating the EU’s design protection system, simplifying, and modernizing the current framework, which is over 20 years old. This week, the reform texts were published so here we go! The Amending Regulation requires an additional legislation package, which is still to come, and we will keep you updated on the exact dates for implementation. The new rules aim to improve efficiency and accessibility for designers and align systems across EU member states. Here’s what to expect in short:

Key Changes to Application & Registration

• Terminology Updates: Registered and Unregistered Community Designs (RCD/UCD) are now called Registered and Unregistered European Union Designs (REUD/UEUD).
• Multiple Designs in One Application: Designers can now submit up to 50 designs in a single REUD application, regardless of product class, benefiting from reduced fees.
• Fee Adjustments: Some fees are increase and some decreased. Renewal fees get higher for each renewal period to encourage keeping only active designs on the register. Similar to the patent system.
• Deferment of Publication: An option to defer design publication for up to 30 months is introduced in all member states.

Key Changes to Design Protection

• Expanded Definitions: Design now covers animated and non-physical features such as virtual goods and spatial arrangements.
• Design Notice: REUD holders can use a ”D in a circle” symbol to mark registered designs.
• New Rights for REUD Holders: REUD holders gain exclusive rights to control the 3D-print process as also “enabling” will constitute infringement. REUD holders may prevent counterfeit products in transit through the EU.
• New Defences: Expanded possibilities to use the design in comparative advertising, critique, and parody, without infringing the design right as long as fair trade is respected.

With a special interest for Sweden and other member states where spare parts can be protected today
A permanent ”repair clause” exempts spare parts used for repairing complex products from enforcement, ensuring consumer choice while requiring transparency about parts’ origins will be implemented. There will however be a harmonised transitional period of 8 years during which the repair clause cannot be invoked against designs applied for before the date of entry into force of the Design Directive.

For more detailed information on the above and guidance on how to navigate the upcoming changes please contact our legal experts.