The European Union is preparing for significant changes in its design protection framework, with the imminent applicability of the Amending Regulation on European Union Designs. These changes, which are accompanied by updated guidelines from the European Union Intellectual Property Office (EUIPO), aim to modernize and simplify the current system, making it more accessible and relevant to the challenges of today’s digital and technological landscape. As the design protection system is over twenty years old, these reforms are designed to address emerging trends such as the rise of 3D printing, as well as to improve the accessibility and efficiency of design rights for businesses and individual creators across Europe.
One of the key goals of this reform is to modernize and clarify design protection, ensuring that it remains adaptable to new technologies while offering clearer rights and responsibilities for designers. The reform also seeks to enhance the interoperability of design protection systems within the EU, enabling a smoother and more consistent experience for applicants across different member states. This will make the process of securing design protection easier, faster, and more predictable. Additionally, the reform introduces a repair clause aimed at liberalizing the spare parts market, which will ultimately benefit consumers by increasing access to parts and reducing the cost of repairs.
The Amending Regulation will be applied in two phases. The first phase, which takes effect on May 1, 2025, will introduce key amendments to the current framework. A second set of changes, including those brought about by secondary legislation, will follow in July 2026. Along with these regulatory changes, the Designs Directive will also come into force, with EU Member States given 36 months to transpose it into national law. These reforms are set to reshape the way design protection works across Europe, providing a more unified and efficient system for all stakeholders involved.
The reforms will bring about both structural and substantive changes to the EU design system. For instance, terminology will be updated to reflect the broader European context. The term “Community Design” will be replaced by “European Union Design (EUD),” and the “Community Design Court” will become the “EU Design Court.” Additionally, the European Union Design Regulation (EUDR) will replace the current Community Design Regulation, while the Fees Regulation will now be incorporated as an annex of the EUDR. These changes are intended to streamline the system, aligning it more closely with the EU Trade Mark Regulation, making it easier to navigate and understand.
On a substantive level, the reform will provide clearer definitions and criteria for design rights, including more precise guidelines on what constitutes exclusive rights and limitations. The filing and examination process will be simplified, reducing administrative burdens for applicants. One of the most significant updates will be the clarification of entitlement—ensuring that only those with legitimate rights to a design are able to register it. The new system will also introduce a more predictable and transparent fee structure, helping businesses and designers of all sizes plan their investments in design protection with greater confidence.
As these reforms begin to take effect, the updated guidelines from the EUIPO will provide crucial guidance for navigating the new system. The changes promise to enhance legal certainty and reduce complexity, benefiting designers, entrepreneurs, and consumers alike. The European Union’s approach to design protection is evolving to meet the needs of today’s rapidly changing technological landscape, and businesses of all sizes are encouraged to prepare for the upcoming changes to ensure they can make the most of the new opportunities in design protection.
With the implementation of the reform fast approaching, now is the time for designers, businesses, and intellectual property professionals to familiarize themselves with the updated regulations and guidelines. The modernized system will help foster greater innovation and creativity across Europe, offering better protection for designs while also encouraging a more open and competitive market.