EU Industrial Design Reform: key dates and developments

EU industrial design is undergoing a far-reaching legislative reform process to modernize this protection system. The new regulatory framework consists of Regulation (EU) 2024/2822 and Directive (EU) 2024/2823, both published in the Official Journal of the European Union on November 18, 2024. The application of the initial provisions of the Regulation (Phase 1) began on May 1, 2025. This analysis addresses Phase 1 of implementation, detailing the initial changes affecting the management and protection of European industrial design. The most significant change in terminology is the adoption of “European Union design” (EUTD) to replace “Community design.”

Objectives of the EU industrial design reform and scope of Phase 1

The reform aims to create a more modern, accessible, and harmonized system for protecting industrial designs in the European Union. Its general objectives include:

Adaptation to technological developments: facilitating the protection of new forms of industrial designs, including digital ones.
Optimization of accessibility: simplifying procedures and costs, especially for SMEs.
Deepening harmonization: reducing divergences between national systems and the EU industrial design regime, including the introduction of the “remedy clause.”
Strengthening legal certainty: providing greater clarity on the scope of protection and the rights conferred by the EU industrial design.

Phase 1 lays the initial foundations by updating the official nomenclature for greater consistency and adjusting key procedures before the EUIPO to optimize their handling.

Key changes introduced by the reform

The following fundamental changes mark the start of the implementation of this reform of the EU industrial design:

Terminology update (effective from November 2024)
- The system is now officially called the “European Union Design” (EUD). This terminology applies to both registered and unregistered EU industrial designs.
- The competent courts are now the “European Union Design Courts”.
Filing exclusively with the EUIPO: the possibility of filing applications for European Union industrial designs through national IP offices is no longer available. All applications must be filed directly with the EUIPO (in accordance with Art. 35(1) RDUE as amended), centralizing and simplifying the process.
Requirements for the filing date: the payment of the application fee within one month of the filing date is introduced as a requirement for obtaining a filing date (Arts. 35(4) and 38 RDUE amended). This measure aligns the procedure with that existing for EU trademarks.
Elimination of physical samples: the submission of physical samples of the design as part of the application is no longer required.
Multiple applications: the ‘class unity’ requirement is abolished (Art. 37 RDUE amended), allowing industrial designs belonging to different Locarno classes to be included in a single multiple application. To ensure the feasibility of management, a maximum limit of 50 designs per application is established. This change is accompanied by a simplification of the fee structure for multiple applications.
Deferred publication: the publication fee associated with deferral is eliminated. To prevent a deferred design from being published at the end of that period, the owner must submit an express renunciation of that specific European industrial design. It is essential to note that failure to pay the deferment fee (required when requesting deferment at the time of filing) may result in the application being refused (Art. 50(5) RDUE amended).
Renewal: the calculation of the period for requesting renewal is harmonized with that for EU trademarks, now comprising the six months immediately preceding the date of expiry of the registration (Art. 50 quinquies EUTMR introduced), and not the entire month of expiry. The new renewal fee structure seeks to encourage the exclusive maintenance of active designs on the market. The EUIPO will apply the fees (old or new) in force on the date of receipt of the renewal application by the Office.

General context and subsequent stages of the reform

It should be noted that this phase 1 is the initial stage of a broader transformation of the EU industrial design regime. The comprehensive reform will progressively address other crucial aspects:

Regulation of new types of industrial designs (graphic interfaces, etc.).
Introduction of a harmonized “repair clause” at EU level.
Clarifications on the scope of protection, disclosure of unregistered designs, and cumulation with copyright.
Creation of an official symbol for registered EU industrial designs Ⓓ.
Relevant dates:
- July 1, 2026: expected date of entry into force of delegated and implementing acts detailing key technical and procedural aspects.
- December 9, 2027: deadline for Member States to transpose the new Directive into their national legislation.

Immediate practical implications and legal strategy

The changes in this phase 1 already have practical implications that require strategic consideration by owners and applicants of industrial designs in the EU:

Adoption of updated terminology: it is imperative to use the term “European Union Design (EUD)” in all formal documentation and communication.
Emphasis on visual representation: given that the EU industrial design reform increases the importance and flexibility of visual and digital representations in defining the scope of protection, the quality, clarity, and completeness of these representations (images, digital files, etc.) are now of utmost importance.
Strategic planning: it is advisable to anticipate the impact of future changes (fees, formats, repair clause) on the protection and management strategy of your European industrial design portfolio.

If you would like to learn more about this type of protection, we recommend reading our article: What is an industrial design and how can it be protected?

Specialized legal advice on EU Industrial Design

The reform of industrial design in the European Union represents a significant regulatory change and will be implemented in stages. Our knowledge of the legislation and administrative practice is combined with a strategic vision to advise our clients on how this legislative development will impact their industrial property assets.

Our team of specialized attorneys and agents provides comprehensive legal assistance: from the preparation and filing of EU industrial design applications in accordance with the new regulations to the defense of your rights in administrative or judicial proceedings. We offer legal solutions to optimize the protection of your creations within the framework of European industrial design.