Following the entry into force of a new Design Directive and an Amending Regulation of the European Parliament and the Council on December 8, 2024, changes to “Community design law” will be introduced on May 1, 2025 and July 1, 2026. The changes are intended to make the procedure more efficient and transparent while eliminating unnecessary bureaucracy.

We would like to present the most important changes for you below, which will enter into force in a first phase on May 1, 2025:

1. The term “Community design” is changed to:

“European Union design” (also: EU design)

2. The term “design” describes the “form of appearance”. In future, the form of appearance will expressly include features “of movement, change of state or any other type of animation of these features”. Animations could already be protected with graphic representations, but now other forms of representation will also be able to be used.

3. The definition of a product is extended to explicitly include non-physical objects. This clarifies that any industrial or handicraft object, with the exception of computer programmes, can be a product, regardless of whether it is used in a physical object or takes on a non-physical form. This means that digital forms are now also eligible for design protection.

The list, which illustrates what a product is, now also explicitly includes:

1. 1. 1. 1. Compositions of goods

         2. s patial arrangements of objects if they are to form an interior or exterior space, whereby reference should be made here by way of example to the representation of an Apple flagship store in the context of an international 3D trade mark registration 1 060 321 for imagination purposes:

            

1. 1. 1. 3. individual parts that are to be assembled into a complex product, and

         4. graphic works or symbols, logos, surface patterns and graphic user interfaces.

4. The new legislation states that design features can only be protected if they are visibly displayed in the application. However, the design features do not have to be visible during the entire use of the product in order to receive protection.

An exception applies to “components of complex products”: These must remain visible in normal use in order to be protected – for example, the bumper of a car, whereby the car is the so-called “complex product”.

5. Owners of EU design rights can now – similar to trademark law – prevent counterfeit products from being transported through the EU or temporarily stored there, even if they are not intended for sale in the EU.

This regulation is limited to cases of product piracy where an identical design is used or a design that does not differ in its essential features from the registered EU design.

6. In addition to the physical imitation of a protected design, it is now also prohibited to create, download, copy or distribute digital files or software that could be used to produce an imitation of the design.

This means that if, for example, someone creates or shares a 3D file that can be used to reproduce a copy of a protected design using a 3D printer, this is an infringement of the new protection rules. This prevents counterfeit products from being distributed not only through traditional manufacturing, but also through digital technologies.

7. The right arising from a European Union design has certain limits. There are cases in which others may use the design without the right holder being able to prohibit it.

Two new exceptions have been added:

1. 1. 1. 1. It is permitted to use the EU design if it is necessary to identify or refer to a product as an original of the right holder.

1. 1. 1. 2. The use of the EU design is also permitted if it is used for comments, criticism or parodies.

These amendments ensure that the law is not applied too strictly, and that utilisation remains permitted in certain cases.

8. From 1 May 2025, products protected by an EU design can bear a label consisting of the letter “D” in a circle

Ⓓ.

This raises awareness of protection by third parties and makes it easier to market the product. It is important that the EU design is registered (not just applied for).

9. Spare parts or components of complex products (e.g. car bumpers or lamp housings) do not receive design protection if they are used exclusively for repair purposes in order to restore the original appearance of the product.

This only applies if the appearance of the replacement part or component is directly dependent on the overall product. This means that it only applies to “form-dependent components” (so-called must-match parts) that are decisive for the appearance of the overall product.

Rules for spare parts manufacturers:

You must clearly indicate to the customer from whom the spare part originates (e.g. by means of a manufacturer’s logo) so that the different origin is clearly indicated.

But: You are not responsible for ensuring that the form-dependent parts are really only used for repairs.

10. Changes to the filing and examination of the EU design:

a.  Application only directly with the EUIPO

• • • • • • Applications can no longer be submitted via national offices.

b.  Payment of the application fee is a prerequisite for the application date

• • • • • • The application will only be dated once the fee has been paid (within one month of submission at the latest).

c.  No more physical samples

• • • • • • Physical samples can no longer be submitted.

d.  Relaxation of the rules for multiple applications

• • • • • • A collective application may contain designs from different classes, whereby the maximum number of designs per collective application is limited to 50.

e.  Changes for deferred publication

• • • • • • It is still possible to postpone the publication of designs for up to 30 months. However, the publication can no longer be kept secret by non-payment of the publication fee.

          • Anyone who does not wish to publish a design must actively withdraw it during the deferral period and submit a waiver request no later than three months before the deferral period expires

f.  Higher renewal fees & changed deadlines

• • • • • • Renewal periods for designs have been adapted to the rules for EU trademarks.

          • Fees for renewal increase with each additional protection period in order to keep only used designs in the register.

11. New fee level and new fee structure

a.  New fee structure

• • • • • • The registration and publication fees are combined in a single application fee.

          • Collective applications receive a flat fee per additional design – no quantity discounts apply.

b.  Changes to the amount of fees

• • • • • • Increase in renewal fees.

          • Introduction of new fees for:

            • • • Further treatment of procedures,

                • Modification of a registered design.

          • Reduced fees for:

            • • • Additional designs in collective applications (to a certain extent),

                • Requests for invalidity & appeals.

c.  Abolished fees

• • • • • • No more fees for:

            • • • Late payment of registration or deferral fees,

                • Transfer of rights, cancellation of licence registrations or other rights,

                • Inspection of files and provision of information,

                • Issuing certified and uncertified copies.

12. Further amendments concern nullity and jurisdiction

April 3, 2025
Vanessa Bockhorni
Patent Attorney