Author: Dr. Manuela Ferrario
On November 18, after a long wait, the new amending Regulation implementing the European Union’s legislative reform on designs was published in the Official Journal of the European Union.
Specifically, the reform package consists of Regulation (EU) 2024/2822 of the European Parliament and Council, which amends Council Regulation (EC) No 6/2002 on Community designs and repeals Commission Regulation (EC) No 2246/2002 (“amending Regulation”), as well as Directive (EU) 2024/2823 of the European Parliament and Council on the legal protection of designs (“recasting Directive”).
As indicated by the dates of the previous laws, more than twenty years have passed since the EU legislator established the current protection framework for designs. An update of the legal corpus was therefore necessary to align it more closely with today’s needs.
What Is Changing?
The reform introduces numerous changes to the previous legislation. Below are the most significant ones:
- Terminology: All references to “Community/European Community” are replaced with “Union/European Union.” Consequently, terms like “Community registered/unregistered design” will become “EU registered/unregistered design”.
Marking: Similar to trademarks with the symbol 
, the letter D within a circle can now be used to indicate a registered design. - Animations: The definition of a design is expanded to include movements and transitions, i.e., progressive changes to one or more features of the design.
- Removal of the Seven-View Limit: To facilitate better identification of the object of protection, it will be possible to submit more than seven views. Existing visual disclaimers (e.g., hatching, blurring, color highlights, delimitations) can also be implemented.
- Non-Physical Elements: The definition of “product” is broadened to include both physical objects and non-physical forms.
- Visible Features: All visible features of a design included in the registration application are protected, regardless of whether they remain visible during the product’s use. (The only exception applies to components of complex products, which must always be visible during use.)
- Abolition of the Single-Class Requirement: It will now be possible to file a multiple application containing designs from different Locarno classes, providing broader protection for coordinated products.
- Limitation of Designs in Multiple Applications: A maximum of 50 designs can be included in each multiple application. Additionally, the fee structure has been modified, removing the discount previously applied from the eleventh design onward.
- New Infringements: Specific new types of infringement are introduced, especially relevant in the 3D printing context, such as the creation, downloading, copying, and sharing or distribution of any medium or software containing the design.
- Exhaustion of Rights: The holder of a design cannot oppose the resale of a product incorporating an EU design within the European Economic Area (EEA) if the product was placed on the market in this area by the holder or with their consent. This aligns the regulations with those for trademarks.
- Repair Clause: The protection regime for spare parts, which was previously subject to inconsistent national rules and practices, is harmonized. Components of complex products will not be protected as EU designs if they are used exclusively for repair purposes to restore the product’s original appearance.
When Does It Apply?
A preliminary distinction must be made. The new regulations will enter into force 20 days after publication, but will not apply immediately.
In fact, some amendments will apply from the first day of the month following four months from the date of entry into force of the amending regulation (thus, from 01/05/2025).
Other amendments, in particular those introduced by secondary legislation (implementing regulation and delegated regulation) will apply from the first day of the month following the 18-month period from the date of entry into force of the amending regulation (thus, from 01/07/2026).
Finally, the directive will also have to be transposed into the national laws of the individual Member States within the following 36 months (December 2027).
Negative Impacts
An unwelcome aspect is the significant increase in renewal fees. While the progressive increment structure is maintained, renewal fees from the second term onward have more than doubled and nearly quadrupled by the fourth renewal.
Similarly, fees for multiple designs including more than 10 models have increased, though there is a slight reduction for single or multiple filings with fewer than 10 designs.
This aspect may encourage businesses to evaluate the opportunity to file new designs before May 2025, taking into account commercial considerations.