Time:2026-07-06
Publication Date:2026-07-06
Today marks the beginning of a new era in the EU design protection regime, which has been through its most comprehensive reform in over two decades. As of 1 July 2026, the new EU design legal framework is fully applicable and operational.
This reform provides a future-ready, digital and user-friendly system, better aligned with technological developments and the needs of designers, businesses and practitioners across the EU.
A two-phase EU design reform, now fully delivered
The new framework brings a coherent legal framework comprising:
EUDR: the new codified European Union Design Regulation which consolidates all EU design rules together; EUDDR: the new delegated regulation, setting additional procedural rules; and EUDIR: the new implementing regulation, providing further details on application, registration and other aspects.
Together, these instruments provide clearer rules, more streamlined procedures and greater legal certainty for all users.
What's new and why it matters
Updated terminology
Outdated references to 'Community designs' have been replaced by modern EU terminology. The system now refers to 'European Union designs' (EUDs), aligning the design regime with the EU trade mark framework and improving overall clarity.
Broader, future-proof definitions
The definition of 'design' now explicitly covers animation, movement and transition, ensuring protection for animated designs and clarifies the subject matter of design protection.
The concept of 'product' has also been expanded and now explicitly includes non-physical (digital) items, such as graphical user interfaces and spatial arrangements of items, while retaining broad coverage for industrial and handicraft products. This ensures that protection keeps pace with modern design practices and technological developments.
Modern design representation
The framework now supports up-to-date design technologies and formats. Protection of designs can be now done through dynamic or animated representation using modern formats such as 3D representation and video files permitting to depict a design from all angles.
Visual disclaimers may be used to identify elements for which protection is not sought and must be applied consistently across all views.
Up to 10 static views may now be submitted allowing better presentation of the subject matter.
Streamlined filing, examination and full e-communication
All communication with the Office is 100% electronic.
Filing date requirements have been simplified, with the focus placed on a clear identification of the design, that is the subject matter for which protection is sought must be clearly identifiable. For example, neutral background and image quality standards are no longer filing date requirements, provided the design representation clearly identifies the subject matter for which protection is sought. Also, the application fee must be paid within one month of filing.
The unity of class requirement for multiple applications has been abolished, allowing designs to include products in different classes to be included in a multiple application. In addition, now it is possible to file up to 50 designs per multiple application.
New grounds for refusal include conflict with public emblems and signs protected under Article 6ter of the Paris Convention and symbols of special public interest in Member States.
Stricter rules on deferment
Lack of payment of the deferment fee at the filing stage now leads to the rejection of the EU design application.
Under the new rules, publication is automatic at the end of a 30-month deferment period. Only an explicit surrender of the deferred design can prevent its publication, and such a request must be filed at least three-months before the deferment period expires.
Stronger exclusive rights
Clearer rules and time limits improve entitlement proceedings, enabling rightful holders to secure or reclaim ownership more efficiently without seeking the invalidation of a design registered in the name of an unauthorised person.
Protection is limited to what is shown in the application: only visible features are protected, reducing ambiguity for users and third parties.
Exclusive rights now explicitly extend to 3D printing, covering the creation, copying and distribution of infringing 3D-printed products. Design holders also benefit from stronger enforcement measures, including action against infringing goods in transit through the EU.
New Limitations
New limitations to EU design rights permit third parties to refer to a design-protected product where necessary to identify it as belonging to the right holder. In addition, to protect freedom of expression, acts carried out for the purposes of comment, critique and parody are now expressly permitted.
A harmonised EU-wide exception ('repair clause') confirms that parts used solely to restore a product's original appearance are excluded from design protection. This exception applies exclusively to repair purposes, the replacement part must match the appearance of the original piece, and consumers must be duly informed about the commercial origin.
Design symbol
Registered EUD holders may now mark their products with a new design registration symbol – Ⓓ – indicating design protection. This helps deter infringement and facilitates marketing of products incorporating a registered EU design.
Simplified invalidity procedure
Invalidity proceedings have been clarified to improve predictability and legal certainty. Filing requirements are now specified for each ground of invalidity.
Applicants must demonstrate legitimate interest when challenging surrendered or lapsed designs. Invalidity claims based on prior designs are now independent of their moment of disclosure.
Online substantiation of earlier rights is permitted, and translations of evidence are required if explicitly requested. Clear rules also govern language and priority in conflicts.
In addition, a new priority examination procedure for design invalidity applications will allow users to receive decisions faster than before. This procedure applies only to applications based on Article 27(1)(b) EUDR in conjunction with Articles 6 and/or 7 EUDR, where the holder of the contested registered EU design does not submit a response in defence.
Simplified and updated fees
Annex I to the EUDR introduces a clearer and more user-friendly fee structure, including: a single application fee covering registration and publication; flat-rate fees for additional designs in multiple applications; and updated renewal fees.
Many administrative fees have been abolished, reducing the overall cost burden for users.
Design Directive
In addition, Directive (EU) 2024/2823 ('the Recast Directive') was adopted as part of the new EU design legislation package. It reinforces the cooperation framework by inviting the IP offices in the EU to cooperate effectively with each other and with the EUIPO to promote the convergence of practices and tools in relation to the examination, registration and invalidation of designs, as well as in other areas of relevance for the protection of designs in the EU. One of the main achievements of the Directive is the introduction of an EU-wide 'repair clause' (Article 19) allowing reproduction of form dependent spare parts for the purpose of repairing a complex product.
Under the terms of Article 26(6) Recast Directive and within the European Cooperation Framework under the Strategic Plan 2030, the European Union Intellectual Property Network ('EUIPN') has established common standards to be applied to the requirements and means of design representation in a Common Communication that was adopted by the management Board in May. Each Office will determine its own implementation timeline, taking into account that the Recast Directive must be transposed by 9 December 2027.
Want to explore further? Visit the EUIPO design website, check the Design Reform Hub, and consult the Design Guidelines.
Source: European Union Intellectual Property Office (EUIPO) website (content freely available), 1 July 2026 – https://www.euipo.europa.eu/en/news/the-modernised-eu-design-legal-framework-is-now-fully-applicable. Reproduced in accordance with the EUIPO Legal Notice; onward reproduction and distribution permitted under the same conditions.