The New EU Design Law

Introduction and Overview

The European legislator has comprehensively revised European design law, consisting of the “Regulation on Community Designs” and the “Directive on the Legal Protection of Designs”. The aim was to consolidate a modern, simplified and technology-oriented system for the protection of designs in the European Union (“EU”).

Briefly to classify: With the Regulation, the European legislator created a legal framework with which the EU Intellectual Property Office (“EUIPO”) could grant Community designs, i.e. design rights, with effect for the entire EU. The Directive, on the other hand, contained provisions for the national design law of the respective EU member states for the purpose of harmonizing their laws.

The revisions of the ordinance will enter into force in two phases. The first phase has been in force since May 1, 2025, and the second phase will follow until July 2026. I will inform you about the most important changes in this article.

Since the directive is not to be implemented until the end of 2027, I will return to this in a separate article.

New terminology and structural changes

A key point of change is the linguistic modernisation of the Regulation: the previous Community design is now called “Union Design” (“UGM”), and the Regulation is therefore called the “Regulation on Union Design” (“ISMA”). The linguistic parallelism to the already existing “EU trademark” is unmistakable.

Simplified fee structure and updated costs

The registration fees have been made more cost-transparent:

A uniform application fee replaces the previous registration and publication fee. However, the (cumulative) amount of these fees for an individual application remains unchanged (EUR 350.00). For collective applications (up to 50 applications), a fee of EUR 125.00 will be charged for each additional UGM.

Renewal fees, on the other hand, have been significantly increased. The first extension, for example, now costs EUR 150.00 instead of EUR 90.00.

Modernized definitions

According to the new law, UGM can also be expressly granted for animated designs, transitions or motion sequences.

The definition of the “product” on which the UGM is based has also been expanded: it now explicitly includes non-material forms, e.g. digital forms. This can include graphic works, user interfaces, logos or virtual objects.

Changes in registration and examination

In the future, the application must be made directly to the EUIPO. Submissions via national offices are no longer possible.

In addition, the obligation for class units in collective registrations is no longer applicable. UGMs that fall into different Locarno classes can now be registered together.

Protection against 3D printing

What is new is the explicit protection against injuries caused by 3D printing. The creation, downloading, copying and sharing or distribution of media or software with which the UGM is recorded in order to produce an UGM-compliant product is not permitted.

Design icon

Anyone who wants to identify their UGM will be able to use the new protection symbol (D) (“D in a circle”) in the future; here, too, the parallel to the ® one used in trademark law (“R in a circle”) is clear.

Repair clause

The so-called repair clause will become a permanent component, after it was previously only temporarily included in the regulation. According to this provision, components of complex products do not enjoy protection by an UGM if the component element serves exclusively the purpose of repairing the complex product in such a way that it regains its actual appearance.

Transfers of ownership formalized

The legally effective transfer of an UGM now requires a written transfer agreement signed by the parties.

View

The reform of the UGM law – which has not yet been completed – modernises European design law in many places. Nevertheless, the reform does not lead to the clarification of existing legal disputes at every point. On the contrary, it raises new questions in some cases. Nevertheless, modernization is accompanied by a welcome practical simplification in many places.

By MELCHERS, Germany, a Transatlantic Law International Affiliated Firm.

For further information or for any assistance please contact germany@transatlanticlaw.com

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