New rules on design protection in the European Union: what to expect

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

New rules on design protection in the European Union: what to expect

Sponsored by

Società Italiana Brevetti (SIB)

Società Italiana Brevetti talks about the new rules on design protection in the European Union and what to expect

Rules on design protection in the European Union will start changing soon, to bring the system up to date with new technologies, make design protection more attractive for small companies and limit design protection for spare parts of complex products.

New European rules on design protection definitively approved by the European Parliament in March 2024 are to amend the EU’s current laws on design protection, namely Regulation No. 6/2002 on Community designs and Directive No. 98/71 on the legal protection of designs.

The changes essentially aim to bring the system up to date with the emergence of new technologies such as 3D printing and artificial intelligence, make design protection more attractive for small companies and align EU design and trademark legislation.

The amendments will take effect gradually over a period running from early 2025 to the end of 2027.

Main changes of interest to the EU design system’s users are summarised below.

Protection extended to digital and 3D printed designs

Amended definitions for “design” and “product” have been extended to cover digital and 3D printed designs, and the amendments introduced make it clear that protection is no longer limited to physical objects and can protect also digital designs and dynamic elements such as movement, transition or any sort of animation that determine the appearance of the product or of a part of it: think virtual objects, parts of videogames, light shows, dynamic billboards.

Rules on representation of the designs in applications for registration are also to be amended accordingly, allowing video files and raising the limit on the number of views included in the application.

Acts of infringement updated

The new rules set forth that creating, downloading, distributing or sharing media or software with copies of a protected design may amount to infringing the rights on the design. The aim is for rules on design right enforcement to be applicable to 3D printing of design-protected objects.

Replacement parts

Designs of components of complex products will not be protected by a EU design if they are solely for the purpose of restoring the original appearance of the product. A harmonised transitional period of protection (8 years) is introduced for designs already granted.

Fees

Filing fees remain low, and renewal fees will be amended to attract small enterprises and individuals: the first 5-year renewal fee will be 150 Euros and increase gradually with each subsequent renewal up to 700 Euros for the fourth. The abolition of the unity-of-class requirement – meaning that designs belonging to different Locarno classes will be allowed in a single application – will also simplify the procedure and maximize savings for multiple applications. On the other hand, however, a cap on the number of designs that can be included in a single application has been introduced.

Name and symbol

The Community Design will be renamed European Union Design (to match the European Union Trademark), and the symbol to represent it will be a D in a circle, similar to the registered trademark’s ® and copyright’s ©.

more from across site and SHARED ros bottom lb

More from across our site

Rebekah Gay discusses overcoming self-doubt, supporting the next generation of women lawyers, and how changing client demands are reshaping IP practice
New filing data suggests Germany's grip on UPC litigation remains strong, while Bardehle Pagenberg, Arnold Ruess, Hogan Lovells and Carpmaels notch up notable cases
In 27 years, KASS has expanded to seven countries in southeast Asia and is now eyeing further growth opportunities. Its CEO shares her perspective
Mine Güner discusses bridging law and business, taking the initiative, and why Taylor Swift helped put copyright on the map
Cindy Goh discusses why she launched Cheang & Ariff's IP department, the improving litigation environment in Malaysia and what to consider when using AI
Increased focus on adding patent litigation depth to the firm’s Dallas office was behind the boutique’s most recent hires
IPH's Canadian acquisitions are paying off on paper, but a couple of strong years may not be enough to show that the group's strategy has truly won over the market
Examiner statistics could help patent prosecution practitioners tailor strategies, turning an area of high variability into a potential competitive advantage
The England and Wales High Court’s ruling in Accord v Novartis may not rewrite the law on plausibility, but it does signal a pragmatic approach that could provide greater certainty for life sciences innovators
Firms with established sports relationships and specialised expertise are well positioned to capture the market’s expanded pool of IP work
Gift this article