Les avocats de Foley publient sur les nouvelles lois de l'UE en matière de protection des dessins et modèles

What Businesses Need To Know About EU Design Law Reform

This article was originally published in Law360 on May 7, 2025, and is republished here with permission.

Reforms introduced by the European Union to update its design protection laws for the digital age are rolling out in two stages. The process began on May 1, with later measures taking effect on July 1, 2026.[1]

The major changes being introduced by the EU, specifically the EU Design Legislative Reform Package adopted by the European Council on Oct. 10, 2024.

This includes the recast directive on the legal protection of designs and the amendment to the regulation on community designs, which are likely to create new opportunities and considerations for nearly all businesses operating within the EU or engaging with its markets.[2]

Here, we analyze key updates and what they mean for businesses, offering practical ideas on how to strategically adapt to these changes.

As part of the reform, several foundational terms will be updated to correspond with the structure and scope of the new legal framework. For example, the term “community design” will be replaced with “European Union design,” or EU design or EUD.[3]

This change may reinforce the unified nature of the EU design system, potentially emphasizing that design rights are valid and enforceable across all EU member states, which could simplify intellectual property management.

Additionally, “community design court” will be replaced with “EU design court,” and the “Community Design Regulation” will be replaced with the “European Union Design Regulation,” or EUDR.

This renaming effort aims to align the terminology with the broader EU legal framework to help foster clarity and consistency in legal references for businesses involved in design protection.

This seemingly small change could make it easier for businesses and their legal teams to identify and understand the specific EU institutions and laws relevant to their design protection strategies.

Broadening Scope of Protection

Perhaps the most powerful update within the EU design law reform is the broadening of what constitutes protected designs and products. This shift will have implications for businesses that develop or deliver digital content, because such content may now qualify as a protected asset under the updated framework.

For example, previously limited mostly to static, tangible products, the revised definitions now include animated designs, such as transitions, motion graphics and interactive visuals.

They also include digital elements, such as graphical user interfaces, symbols, logos, surface patterns and arrangements of elements intended to form an interior or exterior environment, among others.

This change directly shows the growing importance and economic value of digital products in today’s technology-driven market.

To capitalize on these new protections and gain a competitive edge, companies could consider evaluating their design portfolios to determine which digital innovations might be eligible for design rights. They may then take steps to secure that protection.

This broadening of protected subject matter indicates that companies would now be encouraged to assess digital assets, such as animated logos, interactive app interfaces and customized website layouts — previously less clearly covered — for design registration to expand their IP strategy beyond traditional physical products.

As an example, companies could now explore design protection for animated visual elements and their dynamic behavior within interactive digital environments.

For businesses, particularly those in the technology, software and digital media sectors, these updates may provide key new protections. Companies developing applications, interactive digital tools or animated branding materials may wish to actively consider registering such designs under the new guidelines because these reforms bring greater clarity to the protectability of digital and animated designs, which were not clearly covered under the previous framework.

Registering designs can transform them into formal IP assets, which could increase the company’s valuation, attract investment or provide a basis for licensing agreements, among other business advantages.

This proactive step could further mitigate the chances of infringement and protect brand differentiation in a rapidly evolving digital marketplace. By registering their designs, companies can potentially establish clear legal ownership, which may deter potential infringers from copying those designs. For instance, it may help prevent a competitor from replicating the specific layout and icons of a registered app interface.

Two-Phase Implementation

First Phase: May 1

The initial phase of the implementation focuses on revising procedures and modifying the fees. Importantly, the complicated so-called unity of class requirement will be abolished, allowing businesses to file up to 50 diverse designs within a single application, regardless of their classification.

This procedural improvement would significantly reduce administrative burdens and associated costs. For example, a company that previously incurred higher costs to file multiple applications might now achieve the same coverage at significantly reduced expense.

This new flexibility may encourage companies to consider seeking broader protection for their designs across different product categories.

To take advantage of these benefits, companies could reassess their design filing strategies ahead of this transition by evaluating their current design portfolio and anticipating future design needs. By consolidating their future design filings they would capitalize on these cost savings and administrative simplifications. This approach may streamline internal operations and expedite market entry for multiple new product lines by reducing the administrative burden associated with preparing and managing numerous separate applications.

Second Phase: July 1, 2026

The second phase will address more specific aspects of design representations, along with other procedural and invalidation matters, such as clarifying the rules for declaring design rights invalid.

Companies could prepare for these changes by investing in comprehensive design documentation practices, making sure all visual and animated elements of designs are clearly and professionally represented. This could provide a solid foundation for legal certainty and potentially minimize the risk of challenges to the validity of their design registration.

Appropriate corporate diligence may help support compliance with these requirements and reduce the risk of application rejections or future disputes, particularly given the increased complexity of representing digital and animated designs.

Repair Clause for Spare Parts

Another important addition under the new design protection framework is the repair clause concerning spare parts.[4] This clause specifies that designs of components of complex products will not be protected by EU design rights if they are used solely to restore the complex product’s original appearance, and the replacement components match the appearance of the original part.

This may allow independent manufacturers to offer replacement car components that replicate the original car’s design, for example, such as body panels or lighting units, without being restricted by the car manufacturer’s design rights. An eight-year transitional period applies to designs previously granted protection.

Businesses involved in manufacturing or repairing spare parts, especially in the automotive and consumer goods sectors, may wish to carefully assess the impact of this change to identify new market opportunities for selling compatible spare parts and strategically plan their future product development in light of the altered design protection landscape.

Practical Implications for Businesses

Beyond immediate procedural changes, there are broader strategic implications for businesses to consider.

Fee Structure Revisions

The fee structure for EU designs is changing. While the initial filing fee remains the same, the cost for each additional design within a single application will decrease. This adjustment may allow applicants to group multiple designs in one filing and potentially reduce overall costs. Although renewal fees will increase, businesses may be able to mitigate these higher costs by renewing important designs ahead of this change.

As an example, a company with several designs facing upcoming renewals might choose to renew the most commercially valuable designs before the fee increase takes effect. Companies may wish to review their existing portfolio promptly, and consider prioritizing renewals to leverage the current, lower fees.

New Design Notice Symbol

The introduction of a specific symbol — the letter D enclosed within a circle — as a design notice aligns with established practices for trademarks and copyrights. Companies can be well served by adopting the use of this symbol early to potentially provide clarity in the marketplace and serve as a warning to competitors of protected designs.

Expanded Limitations on Exclusive Rights

The new legislation introduces explicit limitations to design protection, notably allowing design referencing for interoperability and permitting use for protected activities, such as critique, parody and commentary. The reforms also permit design reproduction for citations, educational purposes and comparative advertising, provided such uses adhere to fair trading practices.

Businesses could consider carefully evaluating these limitations within their marketing, competition analysis and IP enforcement strategies to effectively protect their own design rights. They may also seek to ensure that their activities, such as comparative advertising or product development, remain within the bounds of permissible use.

Recognizing permissible uses by third parties may help businesses make more informed strategic decisions about when to consider taking enforcement actions. For example, if a competitor starts using a design element that clearly goes beyond the scope of fair citation, a business that understands these boundaries might then consider initiating enforcement actions to protect their registered design rights.

Combatting Counterfeit Goods in Transit

The reforms allow design holders to challenge counterfeit goods even when such goods are merely transiting through the EU. Businesses may wish to factor this into their international shipping and customs strategies, and consider taking advantage of this new procedure to enhance enforcement efforts against counterfeit products.

Challenging counterfeit goods in transit can be a cost-effective way to combat infringement, as it may allow companies to take action before the goods enter the market and cause harm.

International Disclosure for Unregistered Designs

Unregistered EU design protection will no longer require that the first disclosure occurs within EU territory. For example, unregistered EU design protection may extend to designs initially made public outside the EU, potentially broadening the scope of protection for designs first shown in international exhibitions.

Businesses may wish to consider disclosing designs within the EU territory initially, pending judicial clarification of this significant change.

Nonregistrable Designs Due to Cultural Heritage

Member states may introduce specific grounds for design nonregistrability or invalidity to protect cultural heritage, including symbols or monuments deemed nationally significant. For businesses, this may mean that designs incorporating certain traditional symbols or depictions of cultural heritage might be ineligible for registration, which could affect branding and product design strategies.

For example, a company intending to use a nationally recognized historical monument as a central element in their product logo might find their design registration rejected in that particular member state, due to these new cultural heritage protections, which would require them to rethink their branding approach for that market.

Recommendations and Strategic Advice

To navigate these substantial legal changes effectively, businesses may wish to adapt their practices strategically. For example, companies could consider beginning with a comprehensive audit and prioritization of design assets.

Such a process might include a thorough review of both current and potential designs, categorized by their commercial significance and vulnerability to infringement. Businesses could also strategically leverage the expanded scope of protection so as to secure rights for innovative digital and animated elements, potentially strengthening their competitive advantage through robust IP portfolios.

Given the imminent procedural simplifications, companies could optimize their filing practices early to maximize cost efficiency and administrative simplicity by taking advantage of the ability to submit multiple designs within a single application.

Proactive management of renewals is also a key consideration. For example, businesses may find it beneficial to prioritize the renewal of commercially important designs ahead of the significant fee increases in order to potentially achieve substantial cost savings.

Furthermore, businesses could also consider adapting their enforcement strategies, understanding and incorporating the new rights limitations into their existing enforcement frameworks to help maintain IP protection aligned with permissible market practices.

Conclusion

The forthcoming EU design reforms present an opportunity for businesses to rethink their IP protection and competitive strategies. By actively embracing these changes and strategically planning ahead, businesses can significantly improve their IP portfolios, mitigate legal risks, and ultimately strengthen their market position within and beyond the EU.

[1] https://www.euipo.europa.eu/en/designs/design-reform-hub.

[2] https://www.euipo.europa.eu/en/news/eu-adopts-design-legislative-reform-package.

[3] Regulation (EU) 2024/2822, OJ L, effective on May 1, 2025. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L_202402822.

[4] Directive (EU) 2024/2823, OJ L, entered into force on December 8, 2024. The EU has granted Member States 36 months (until December 9, 2027) to transpose the Directive into their National Law. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L_202402823.