The reform of EU design legislation: what designers need to know…

In April 2024, the European Union took with the “Design Package” an important step towards modernizing its design regulations. The reform of the Community Design Regulation and the Design Directive marks a milestone for designers, companies and lawyers working in the field of creativity and protection.

The new regulation partially entered into force on 1 May 2025, including terminological changes, but most of the substantive provisions only apply from July 2026.

Why a reform?

The original regulation dates back to 2001 - a time when digital design, 3D printing and rapid distribution over the internet were in their infancy. The reform aims to better align the legal system with the realities of today and tomorrow.

The reform aims at three major goals:

1. Modernizing and clarifying the existing legal framework.

2. Strengthening the protection of designs and their holders.

3. Simplification of procedures .

Key Changes

1. New terminology

The term ‘Community design’ is replaced by ‘EU design’, making the terminology more consistent with other IP rights (such as the EU trademark). Also ‘drawing or design’ will henceforth be consistently referred to as ‘design’, regardless of whether it is 2D or 3D.

In addition, holders of EU designs will be able to add a new recognized symbol to their registered designs:

2. Wider scope of protection

Whereas design protection has so far been reserved for ‘physical’ products, the new regulations also broaden the scope of protection to include digital designs, such as GUIs (Graphical User Interfaces), animations and virtual objects. This is essential for companies in the tech, gaming and software sectors and is in line with technological developments over the past decades.

But also the specific look-and-feel of an interior or outdoor design will become available for design protection.

3. Change in visibility requirements

The reform abolishes the visibility requirement, which is the requirement that a design is visible on the finished product. This means that even non-visible designs, if visible in the design application, can be protected.

4. Fighting counterfeiting and 3D printing abuse

The reform makes it easier to ban 3D printing of infringing designs, even when only CAD files are distributed. It is a crucial step in the fight against digital counterfeiting.

Indeed, the new regulation allows the design holder to prohibit a more extensive range of acts, namely ‘the creation, downloading, copying and sharing or distribution to others of a carrier on which or software incorporating the design to create a product incorporating the design’.

5. Procedural simplifications

• It will be possible to include multiple designs belonging to different product classes in one application, saving time and money.
• The cost structure will also be simplified, for example, by simply including separate publication fees in the application fee from now on.
• Further digitization of a submission is also envisaged, as is a revision of graphic requirements. For example, more than 7 images of a design can be filed, and animation images will also be accepted for protection as designs.

6. Transit goods regime

Transit goods will also come under the protection of the new Design Package, allowing design holders to better guard against imports of infringing products from countries outside the EU, even if these products are not intended for sale within the EU.

The new regime also entails a reversal of the burden of proof: the owner of the disputed goods must prove that the design holder has no rights in the country of final destination to prohibit the marketing of the goods. If this is proved, the design holder loses the right to object further.

7. Clear regulation around spare parts

Spare parts will no longer enjoy design protection when they are ‘used exclusively for the repair of that complex product so as to restore its original appearance’.

In other words, they are exclusively repair parts, which are identical to the parts they replace. This exception does not apply, for example, to ‘tuning parts’ or accessories, as they do not serve merely to restore an object to its original appearance.

Impact on SMEs and independent designers

For SMEs and independent designers, this reform is particularly relevant: it lowers the threshold for seeking protection, strengthens their position against copycats and provides clarity on their rights in the digital age.

Conclusion:
The reform of EU design law represents a big step forward for designers and companies who depend on strong, clear protection for their creations. Now is the time to prepare so that your designs stand strong in the digital future too.