It is finally real – changes to EU design law start to take effect

As of 1 May 2025, key amendments to the new European Union Design Regulation (EUDR) will become a reality, marking the beginning of a significant overhaul of the EU design protection regime.

These key amendments to the EUDR end Phase I of the reform, which represents the first step in an incremental process. Phase II will follow with the secondary legislation, bringing even more changes by 1 July 2026.

New terminology and structural changes

A major change in Phase I is the update to the terminology within EU design law. The Community Design Regulation (CDR) will be rebranded as the European Union Design Regulation (EUDR), and all Community Designs (CD) will be renamed European Union Designs (EUD).

Simplified fee structure and updated costs

This overhaul also introduces a single application fee, which consolidates the former registration and publication fees. Additionally, the fee for each extra design in a multiple application will now be €125 per design, introducing a flat fee system for additional designs.

Renewal fees will increase starting on 1 May 2025; the timing of the renewal request will determine the fee amount. Importantly, the EUIPO will be using the date of receipt of the user’s request for renewal as the pivotal date for calculating the renewal fees. For requests validly received prior to the applicability date, the current fees will apply. For request received on or after the applicability date, the new fees will apply.

Modernised Definitions

The modernisation of EU design law takes a significant step forward by bringing substantial changes to the definitions and procedures governing EU design protection. Notably, the definition of ‘design’ has been broadened to include animation, movement and transition. This update ensures that animated designs are fully protected under EU law and clarifies the subject matter of design protection.

The definition of product has also been revised, now explicitly including non-physical items such as digital creations, while retaining its broad scope for industrial or handicraft items. This means that products can now also include graphic works, logos, user interfaces and other non-physical forms.

Changes to filing and examination

The reform simplifies the filing process - centralised EURD filing becomes mandatory, meaning applications must be submitted directly to the EUIPO rather than through national offices. Furthermore, a fee will be required to establish a filing date.

Moreover, the unity of class requirement for multiple design applications is abolished. Applicants will now be able to combine different products in a single application and benefit from discounts on fees for multiple applications.

New exclusive rights of the design holder and new limitations

The exclusive rights granted by a design registration are extended to 3D printing, meaning that activities such as creating, copying and distributing 3D-printed designs will now be considered infringements.

Additionally, two key limitations have been introduced to the scope of exclusive rights. First, actions relating to the identification or referencing of a product by design rightsholders are now permitted, enabling greater interoperability of products. Second, the reform allows for the freedom of speech by permitting acts of commentary, critique or parody.

Design symbol

Registered EUD holders will now have the option to mark their products with a new design protection symbol called ‘the design notice’.  This will be a 'D' enclosed in a circle – Ⓓ – signifying that their design is protected. This information can help prevent infringement of products protected by designs and also add to value to the protection itself.

Repair clause

Design protection will not apply to component parts of a complex product used to restore a complex product’s original appearance, but this exception applies exclusively to component parts used for repair purposes.

Ownership changes made easier

Rightful owners can now directly request ownership changes without first invalidating a design.

Looking ahead

Although Phase I of the EU design legislation reform significantly modernises and simplifies design protection across the EU, the reform does not stop there. The upcoming Phase II promises further important developments, such as those related to the design representation regime, ensuring that EU design law remains robust and responsive to evolving technological and market trends.

The EUIPO will continue to support designers and businesses as they navigate these important updates, helping to ensure the long-term protection of design innovations across Europe.

Source: https://www.euipo.europa.eu/en/news/it-is-finally-real-changes-to-eu-design-law-start-to-take-effect