The new design of the European Union

With the new EU Regulation for the protection of designs (Reg. 2024/2822 of the European Parliament and the Council), the legislative framework has been  simplified, modernized and adapted  to new technologies. The aim is to improve the system of protection of designs in the European Union, both for designers and SMEs, facilitating access, reinforcing legal certainty in the registration and use of designs.

In line with what was done with the Community trade mark, which was renamed “EU Trade mark,” the new Regulation changes the old “Community design or model” to “European Union design” (EU Design), and the “Community design courts” become  “European Union design court (“EU Design Court”).

However, Reg. 2024/2822 does not only bring merely terminological changes but also more substantial ones.  An important first change is related to the scope of protection of EU designs. Now it also includes designs that are not incorporated into physical products, such as those “visualized in a graphic” or “perceived through the spatial arrangement of elements intended to form an interior or exterior environment.” Animation and movement are also recognized as integral parts of the design, making digital interfaces protectable as well.

On the other hand, the new regulation on European Union Designs adapts the scope of the exclusive rights conferred by an EU design, covering 3D printing: now creating, downloading, copying, and sharing or distributing a product covered by an EU design, in any medium or software, constitute acts of infringement of an EU Design. On the other hand, among the limitations to the exclusive rights conferred by a EU design, we highlight acts carried out privately and without commercial purposes or for experimental purposes.

Further, “D” symbol is introduced to indicate that the product is protected by an EU design, a measure aimed at facilitating the commercialization of registered designs and improving the visibility of the protection of these rights.

The fees related to the registration of an EU Design have been simplified: for example, the registration and publication fees have been replaced by a single application fee, and for multiple applications, a fixed fee per additional design is now provided.

The implementation of the changes introduced by this reform proceeds in phases: since May 1, 2025, some provisions related to changes in terminology, multiple applications, and modifications in renewal deadlines have already been in force. In November 2026, other provisions will be implemented, and Member States will have until the end of 2027 to adapt their national legislations.

This amendment to the protection of design in the EU entails a significant simplification of the system that facilitates access for SMEs, allowing greater protection of their designs, that is, their innovations.

The EU Design is an important tool for the protection of SME innovations. For example, an SME that develops digital interfaces, by registering them as EU designs, ensures protection against unauthorized copies, useful for commercialization with a lower risk of infringement. Or, an animation company can improve its competitiveness by registering its animation product as aEU design, providing legal protection against unauthorized use of the same in the market.