The new EU design
The recent EU design law reform is a strategic move to modernise and strengthen the protection of industrial designs in the region. As a result of this reform, the term ‘Community Design “ has been renamed ”Design in the European Union’, reflecting a more representative approach to the territorial and administrative scope of the regulation.
Main objectives of the reform
The reform has at its core the simplification of the system and its adaptation to the current needs of creators, companies and industries. Its main goals are:
- Modernisation of the system: the existing rules (Directive 98/71/EC and Regulation (EC) No 6/2002) are updated to bring them into line with technological and economic developments.
- Greater accessibility: reducing the complexity of the registration procedure and encouraging the participation of small and medium-sized enterprises (SMEs) by reducing fees and simplifying administrative requirements.
- Interoperability and harmonisation:
- Disparities between national and European protection systems are eliminated by promoting regulatory harmonisation including the protection of spare parts.
- It ensures a homogeneous framework that facilitates the circulation of products and services in the European single market.
- Strengthening protection: ensures greater clarity and effectiveness in the protection of design rights.
Main new features of EU design compared to the previous system
The reform introduces substantial improvements in a number of areas, with the following key differences:
1. Name of the system
The change from registered Community design to ‘registered EU design’ (registered EU design) reflects a more inclusive and specific terminology covering all EU Member States. Similarly, the unregistered Community design will be renamed ‘unregistered EU design’ (unregistered EU design).
2. Simplification of the registration process
- The deadlines for obtaining legal design protection are shortened.
- New digital tools are introduced to facilitate registration, adapting the process to current technologies.
3. Protection of spare parts
- The reform harmonises the treatment of spare parts at European level, which previously depended on the rules of each Member State.
- This change is of particular benefit to industries such as automotive and technology, where spare parts are essential.
4. New phases of implementation
The implementation of the legislation is structured in two phases:
- First phase: Some changes will enter into force from the first day of the month following four months after the official publication of the regulation.
- Second phase: Additional amendments, including delegated and implementing regulations, will enter into force 18 months after official publication.
5. Duration of national implementation
Member States will have up to 36 months to transpose the new Directive into national law.
6. Scope of protection of EU design
Article 18a clarifies that design protection covers the visible features that are reflected in the registration, without the need for them to be visible during normal use of the product. Therefore, it will no longer be a requirement for protection that these features be visible in use. However, an exception is introduced for components of complex products.
7. Clarification on public disclosure for unregistered EU designs
The reform of the EU unregistered design regime clarifies the conditions of public disclosure for design protection. A design is considered disclosed if it is made available to the public (by publication, exhibition, marketing, etc.), unless it cannot reasonably be known to specialised circles within the EU. It is not considered public if it is disclosed under confidentiality.
Furthermore, disclosure does not affect protection if it occurs within 12 months prior to the application by the author, his or her successor in title, or in cases of abuse towards them. These clarifications reinforce legal certainty for unregistered design owners.
Advantages of the new EU design
- Accessibility and cost reduction:
- SMEs benefit from lower fees and simplified administrative processes.
- Registration of multiple designs in a single application is facilitated, reducing operational costs.
- Improved legal certainty:
- The unified system gives clarity on exclusive rights, decreasing legal conflicts and barriers in the market.
- Encouraging innovation:
- The modernised legal framework allows creators to protect their designs more efficiently, incentivising creativity in key sectors such as fashion, technology and automotive.
- Increased competitiveness in the single market:
- By harmonising rules between Member States, companies find it easier to expand their operations across borders.
The design of the European Union is now more modern, accessible and efficient. With this reform, the EU reinforces its position as a global leader in intellectual property protection and promotes a competitive and innovative environment for its creative industries. This EU design reform is an excellent opportunity for businesses of all sizes.
In this blog article we explain what an industrial design is and how it can be protected.