In October 2024, the European Union adopted a new legislative package aimed at fundamentally modernising design protection in the EU. In our previous article (available in Czech here), we focused on the specific substantive and strutural changes brought by the reform. Now, after the first phase of the package entered into force in May 2025, the time is right to revisit this topic and take a closer look at the current changes as well at what still lies ahead in the field of EU design protection.
In this article, we will present the key updates that have already come into effect, outline the points of the reform that are still being prepared and assess what these changes mean in practice for companies operating in the EU design sector.
What Has Changed Since May 2025
With the Regulation (EU) 2024/2822 on EU designs (‘the Amending Regulation’), several changes are now in force. We addressed some of these in an earlier article on our blog and we will now take a closer look at the most relevant ones. While they may seem technical at first glance, they signal a broader policy shift towards better accommodating digital innovations and strengthening the tools that businesses can use to protect their intangible assets more effectively.
Some of the most tangible changes include:
- New terminology and expanded scope of protection: The reform introduces the new term “EU design” and broadens the subject matter of protection to include new digital elements. We have already discussed these topics in more detail in our earlier article.
- Application process before the EUIPO: The process of applications has been streamlined, as all EU design applications must now be filed through the EUIPO. Furthermore, the removal of the unity-of-class requirement allows for up to 50 designs from different classes in one application, reducing costs and enabling more strategic portfolio bundling.
- (No) Visibility Requirement: The Amending Regulation clarifies that EU design protection covers only the features that are visible in the application. This visibility requirement, however, only applies to the application process, allowing for wider flexibility during normal use and presentation of designs. In other words, the design features of a product do not have to be visible at any specific moment or in any particular situation during use.
- Enhanced protection: The scope of design protection has been broadened to better address modern challenges. Notably, it now explicitly covers unlawful reproductions of designs made through 3D printing, as well as infringing goods merely transiting through the EU.
- Broader exceptions and repair clause harmonisation: The reform has strengthened certainty for third-party users by adding exceptions to design protection such as use for criticism, commentary, education and comparative advertising. Simultaneously, the harmonised ‘repair clause‘ permits reproduction of visible parts to restore a product’s original appearance. This further opens aftermarket competition but also challenges the original equipment manufacturers to adapt their desing protection strategies beyond exclusivity-based control.
What Changes to Expect following July 2026 and December 2027
Several key provisions still rely on delegated acts or national transposition. These changes include:
- New representation requirements: The current seven-view limit for design representations will be lifted, but the final number and format requirements (including 3D views, visual disclaimers and technical specifications) will be defined by secondary legislation. This creates an opportunity for more accurate and innovative design protection particularly for digital and industrial sectors.
- Fast track invalidity proceedings: A new expedited process will allow uncontested invalidity claims, especially useful in clear cases of design hijacking or bad-faith filings. This addresses the lack of substantive examination at registration and enhances enforcement speed for rightful owners.
Turning to the Directive (EU) 2024/2823 on the legal protection of designs (‘the Recast Directive’), its transposition by December 2027 will bring more structural changes to national laws:
- Cultural heritage as a new ground for refusal: The Member States will be able to bar or invalidate registrations incorporating symbols or elements of national interest. Businesses should therefore assess local cultural and historical sensitivities when designing for specific markets to avoid non-registrability.
- Harmonised invalidity procedures: All grounds for invalidity and non-registrability will have to be legally defined at the national level. Administrative invalidity options, similar to those available to EU designs, will streamline dispute resolution and lower litigation costs.
- End of unregistered national designs: Unregistered design protection will no longer arise at the national level. Only registered rights will be valid and prompt registration will be essential even in traditionally flexible jurisdictions like the Benelux.
Conclusion
The EU design law reform represents a modernization of procedures, with the changes already in force enhancing procedural efficiency, addressing digital challenges and providing clearer definitions of the conditions for design protection.
For companies operating in design-intensive sectors, it is now the time to evaluate whether their existing strategies align with the expanded scope of protection and the enhanced procedural requirements. Those who act early will be best placed to strenghten their position in the EU internal market.
