Preparing for the new era of design protection

On 1 May 2025, a major transformation in design protection will take effect as the EU Design Legislative Reform Package enters its first phase. With this package, the EU is modernization legislation, making design rights more accessible, streamlined, and attractive than ever before.

Approved by the Council on 10 October 2024, this reform modernizes the EU design protection by introducing two key legislative measures: the Amending Regulation (EU 2024/2822), which updates and refines the existing Community Design Regulation, and the Recast Directive (EU 2024/2823), which strengthens and harmonizes design protection laws across EU Member States.

What changes on 1 May 2025?

• Updated Terminology – The term Community Design will be replaced by European Union Design (EU Design or EUD) to align with broader EU intellectual property terminology.

• Refined Definitions – Greater clarity is provided regarding what qualifies for protection, explicitly including digital and non-physical designs.

• Expanded Protection Scope – Design rights now explicitly cover 3D printing-related activities, such as creating, downloading, copying, sharing, or distributing files that reproduce a protected design.

• New Exceptions to Exclusive Rights – Certain uses, such as commentary, critique, and parody, are now explicitly recognized as limitations to exclusive design rights.

• Permanent Repair Clause – The transitional clause regarding spare parts used for repairing complex products has been made permanent. Article 19 of the Recast Directive formalizes this exception, with an eight-year transition period.

• Introduction of a Design Notice System – A new design marking, (D), can now be used to indicate that a product is protected by a registered design.

• Changes to Filing and Examination – All EU design applications must now be processed through the EUIPO rather than national offices. Additionally, applicants can include an unlimited number of designs within a single application.

• Revised Fee Structure – Filing fees have been reduced to encourage registrations, while maintenance costs have increased to reflect long-term protection expenses.

Why does this matter for you?
By reducing costs, simplifying procedures, and increasing legal clarity, the EU is making design protection more attractive and accessible for brands, creators, and businesses. With this said, and the 1 May 2025 deadline fast approaching, now is the time for businesses and designers to understand and adapt to the new framework. Whether you are registering a new design or navigating the updated rules, being proactive is key to maximizing the benefits of this reform.

And this is just the beginning! A second phase of changes will follow on 1 July 2026, introducing additional updates through secondary legislation.

Need expert guidande?
Our team at Advokatbyrån Gulliksson is closely following these changes and is ready to assist you with design registrations, strategy, and enforcement under the new EU rules. Do not hesitate to reach out!

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