Since 2014, the European Commission has been working to modernise the existing EU design system, making it more responsive to the needs of creators in the digital age. On the 8th of December, 2024, the amending regulation (EUDR) and the European design directive (EUDD) came into force, giving member states 36 months to adopt these new regulations into national law. These changes aim to make the design system more adaptable to technological advancement.
EU DESIGN & SYMBOL Ⓓ
What were previously ‘community registered designs’ will henceforth be known as EU designs. This is more consistent with other trends in EU intellectual property regulations, for example, registered trade marks, which become ‘EUTMs.’ Similarly, all designers now can display the symbol Ⓓ alongside their design. This operates in the same way as © for copyrighted works, and serves to indicate that a design is protected under EU law. These are practices which have already become common in the design system, but their codification in law reflects the greater intention to harmonise the existing legislation in Europe, and bring it up to date with modern trends. Updates like this one ensure a uniform system, which is unambiguous, and ensures easier access and better protection for creators.
NEW DEFINITIONS
Article 3 has updated the definitions for ‘design’ and ‘product,’ to make them more inclusive of modern developments in this area of law, and ensure a higher degree of protection for designs. The updated parts of the definitions appear below.
Design now means the ‘appearance of the whole or part of a product resulting from the features,’ which have been updated to include ‘movement, transition or any other sort of animation of those features”.
Likewise product now means ‘any industrial or handicraft item, other than a computer program,
regardless of whether it is embodied in a physical object or materialises in a non-physical form,
including…Graphic works or symbols, logos, surface patterns, typographic typefaces, and graphical user interfaces.’
These amendments expand the original definitions to include digital forms of designs which are possible now because of modern technology. The new definitions ensure that even non-physical designs will receive the same statutory protection as any other design in the market, bringing the regulations in line with the modern design possibilities, and making the law more flexible and adaptable to future developments in this area.
Visibility requirements
With the exception of the application stage, recital 13 provides that design features need not be visible in order to receive protection. This coincides with the updated definitions of design and product, and the expansion of the law to accommodate digital designs. Under these reforms, elements such as animations and sequences in videogames may be afforded adequate protection from infringement.
GREATER PROTECTION – DIGITAL ‘USE’
Another key change which reflects the ability of the reforms to respond to modern challenges is the updated meaning of ‘use.’ In response to the growing threat of artificial intelligence and 3D printing, the new regulations specify that ‘creation, downloading, copying and making available of any medium or software which records the design for the purpose of reproduction of a product that infringes the protected design, constitutes use of the design. This section demonstrates the ability of the new design system to respond to present and future threats
which exist for creators in the current technological climate. By making the definition of ‘use’ very broad, the new legislation predicts the ever-growing number of infringement possibilities which exist because of rapid technological advancement, and aims to protect creators from them.
ARTICLE 20A: REPAIR CLAUSE
This article solidifies that “spare parts” or ‘component part(s) of a complex product upon whose
appearance the design of the component part is dependent’ will not be afforded protection. Essentially, this prevents monopolisation of the market by one entity. This section also requires manufacturers to clearly inform users about the commercial origin of these parts, so they are free to make an ‘informed choice between existing products that can be used for the repair.’
MULTIPLE DESIGN APPLICATIONS (effective as of 1 May 2025)
In the interest of promoting efficiency and accessibility of the design registration system, the reforms now allow applicants to combine multiple designs in the same application, without the restriction that those products included belong to the same Locarno classification. A maximum limit of 50 designs is imposed, and there is an application fee for each additional design included. Making the application process easier incentivises creators to apply for registration.
Conclusion
Not only do the reforms make registration more accessible and inclusive for designs with digital
components, they anticipate future infringement threats in digital spaces, and expand the law to protect creators from these threats. They also seek to create a more uniform system throughout Europe, ultimately making it easier for designers to apply and register designs, and to exercise their rights.
