Law 

Key reform of the European Union’s industrial design protection: What will change?‎

The European Union aims to address the challenges of the digital world. A significant step forward in ‎this area is the adoption of a new legislative package concerning industrial designs, consisting of ‎Regulation (EU) 2024/2822 and Directive (EU) 2024/2823. The reform aims to reflect the rapid ‎changes in technology and digitalization by updating the existing system of industrial design ‎protection. The new legal framework will, for example, include exemptions for spare parts, design ‎protection in relation to 3D printing, changes to fee structures, as well as protection of intangible ‎products.‎

The new legislation overall focuses on modernizing the system of industrial design protection, ‎expanding the definition of industrial designs and products to include non-physical objects and ‎digital interfaces. This change is essential for effective design protection in the era of digital ‎technologies, as user interfaces and virtual environments play an increasingly significant role. ‎Animations, movements, and transitions will also be protected, expanding design protection ‎opportunities for digital space designers and innovators. Along with other changes, the terminology ‎has also been updated, with the former “Community Designs” now being referred to as “European ‎Union Designs.” This change not only harmonizes terminology with EU trademarks but also ‎introduces a new symbol ‎ ‎ that registered EU design holders can use to mark their products. This ‎step will contribute to better visibility and recognition of protected designs in the market.‎

One of the novelties is the introduction of protection against unauthorized dissemination of digital ‎files for 3D printing. This measure responds to the growing popularity of 3D printers and the potential ‎threats these technologies pose to design rights holders. EU design holders will now be able to ‎protect their designs against unauthorized reproduction through 3D printing, providing them with a ‎stronger position in the fight against counterfeiting.‎

For applicants, the reform simplifies the process of submitting multiple applications by abolishing ‎the requirement for class uniformity within the Locarno classification when submitting multiple EU ‎design applications. Up to 50 designs from different product classes can now be combined in a ‎single application, making the registration process easier and more efficient for applicants with ‎extensive design portfolios. The reform will also affect the fee system, especially with an increase in ‎renewal fees, and introduce a flat fee for each additional design in a multiple application, simplifying ‎and potentially reducing costs for applicants with larger numbers of designs.‎

An important part of the reform is the introduction of the so-called “repair clause.” This provision ‎limits the protection of spare parts used for repairing complex products, such as automobiles. The ‎objective is to liberalize the spare parts market and foster competition, potentially lowering prices ‎for consumers. Additionally, this provision will pose a new challenge for original part manufacturers.‎

The implementation of the new legislation will occur gradually. The new EU Design Regulation will ‎come into effect on May 1, 2025, with certain provisions requiring implementing legislation effective ‎from July 1, 2026. Member states will have until December 9, 2027, to transpose the new EU Design ‎Directive into their national legal systems.‎

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