EU design law changes started to come into effect on 1 May 2025:
- The name for design protection in the EU of “Community Design” has been changed to “European Union Design”.
- There is a new symbol to mark a registered EU design, Ⓓ, which can be used in the same way that ® is used for registered trademarks.
- The definition of ‘design’ has been broadened to include animation, movement and transition. This update ensures that animated designs are fully protected under EU law and clarifies the subject matter of design protection.
- The definition of product has also been revised, now explicitly including non-physical items such as digital creations, while retaining its broad scope for industrial or handicraft items. This means that products can now also include graphic works, logos, user interfaces and other non-physical forms.
- Features which are not visible during normal use of the product are not protectable only for component parts of complex products.
- The reproductions of the design that can be filed for the application can “be static, dynamic or animated and shall be effected by any appropriate means, using generally available technology, including drawings, photographs, videos, computer imaging or computer modelling.”
- An additional application fee in respect of each additional design included in a multiple application will be payable of 125 EUR. This had previously been a tiered system where the 2nd to 10th additional designs each incurred a set of fees and the 11th additional design onwards each incurred a more expensive set of fees.
- Official renewal fees (paid every 5 years) have been increased by a substantial amount:
• 6 – 10 years: 90 EUR -> 150 EUR;
• 11 – 15 years: 120 EUR -> 250 EUR;
• 16 – 20 years: 150 EUR -> 400 EUR;
• 21 – 25 years: 180 EUR -> 700 EUR. - The renewal date of a registered EU design is now the 5th (10th, 15th or 20th) year anniversary of the filing date as opposed to the previous situation of which the renewal date was the last day of the calendar month in which the 5th (10th, 15th or 20th) year anniversary of the filing date falls.
- The exclusive rights granted by a design registration are extended to 3D printing, meaning that activities such as creating, copying and distributing 3D-printed designs will now be considered infringements.
- EU Designs will not protect component parts, which are dependent on the appearance of the complex product to which it is a part, and which are used for the sole purpose of repairing the complex product to restore its original appearance. This prevents EU Design rights holders from monopolising the spare parts market. This is particularly relevant in the automotive industry.
- The new Regulation allows the holder of a registered EU design to prevent third parties from bringing counterfeit products into the EU from non-EU countries without the consent of the rights holder, even if the counterfeit products are not intended to be sold in the EU.
If you are proposing to sell your products in the EU, design registration is something you should consider. Contact us on 01522 801111 for advice and help with this.
see also: EUIPO Web site