New Regulations of the Design Act Entered into Force on July 1, 2025
As of July 1, 2025, the comprehensive reform of European design law has entered into force. With Regulation (EU) 2024/2822 and the accompanying Directive (EU) 2024/2821, the European Union has fundamentally modernized the previous Community Design system. The reform establishes legal protection for designs on a new legal basis.
Design law, also known as industrial design rights, is a traditional area of intellectual property protection. With the EU reform, which is based on the Act on the Legal Protection of Design Rights, the outdated design law is to be modernized and adapted to digital and technical innovations, according to the commercial law firm MTR Legal Rechtsanwälte, which advises on design law and other areas of intellectual property rights.
The reform of European design law aims to simplify procedures and strengthen legal protection against imitation. The innovations affect not only the terminology but also the scope of substantive protection and enforcement options. The statutory amendments brought by the reform have important consequences for designers, companies, and brand owners, which should be taken into account in practice at an early stage.
Changes in Terminology
Firstly, the previous term “Community Design” will be replaced by the new term “Union Design” or “EU Design”. This linguistic harmonization fits into the existing concept of the “Union Trademark”. Substantively, the nature of the protection right remains unchanged: the appearance of a product or a part thereof, resulting in particular from lines, contours, colors, shape, or surface structure, continues to be protected. The visible features are especially decisive for the scope of protection, as only these can establish the novelty and individuality of the design. Existing Community Designs retain their scope of protection; no new application is required.
The term “product” has also been newly defined and now explicitly covers non-physical items. Thus, any industrial or handmade item, except for computer programs, can also be a product. Whether it is used in a physical object or assumes a non-physical form is irrelevant, with visible features of components of a product also relevant for novelty. The novelty of a design is determined in particular by the visible features of the components.
Expansion of the Scope of Protection in Design Law
The scope of protection is extended to digital and animated forms. In the future, not only classic product designs but also graphical user interfaces, animated icons, transitions, or virtual objects in augmented or virtual reality environments can be protected. Designs whose features are dictated solely by their technical function, however, remain excluded from protection.
This adjustment acknowledges the fact that modern design is no longer limited to physical objects and takes into account the intended use of digital designs. For example, in addition to the external shape of a vehicle, an automobile manufacturer can now also register the layout of the digital instrument cluster or the animations in the infotainment system as a Union design. For software companies, app developers, and producers of digital devices, this opens up a new dimension of protection that was previously insufficiently covered.
3D Printing
A key aspect of the reform is the adaptation of design law to new manufacturing technologies, especially 3D printing. Accordingly, design protection also applies to 3D models.
The disclosure of a 3D model, i.e., making it publicly accessible, is of central importance for design protection. Designs developed confidentially and not publicly disclosed may be excluded from protection.
Creating, downloading, copying, sharing, or distributing any media or software that embodies the design to third parties constitutes an infringement. However, private, non-commercial 3D printing of protected designs is intended to remain permissible. The legislator seeks not to hinder technological development, while at the same time preventing commercial imitation.
Repair Clause for Spare Parts in the Context of Repair
Another fundamental component of the reform is the permanent introduction of the so-called repair clause (exclusion of design protection in the case of repair). Until now, it was only provided as a transitional arrangement in the previous Community Design Regulation. It will now become permanent and harmonized across the Union. The provision states that design protection does not exist for components of a complex product that serve exclusively to restore its original appearance. However, this applies only for repair purposes, whereby the spare part must correspond to the appearance of the original. The exclusion of protection specifically concerns components that are used exclusively for repair, in order to ensure that repairs to the product remain possible.
“D in a circle” Indicates Existing Design Rights
A visible innovation is the introduction of a new marking: the so-called “D in a circle” can be used to indicate existing design rights. The aim is to make the marketing of registered designs easier and to increase the visibility of design protection. Its use is voluntary, but in practice it may have a deterrent effect against imitators and, in case of disputes, serve as evidence of the right holder’s good faith.
Application and Fees
Applications must now be submitted directly to the European Union Intellectual Property Office (EUIPO); application through national offices is no longer possible. The filing date is decisive for the commencement of protection and the priority of the design. Furthermore, multiple applications with up to 50 designs are permitted. Registration and publication fees are combined into a single application fee.
- The registration takes place in the official register, which allows inspection of the registered designs.
- EU Member States must implement the new directive into national law within 36 months.
- It is possible to file an appeal against decisions made in the application procedure.
International Design Protection under the Design Act
The Design Act (DesignG) and the regulations of European design law have long since ceased to be effective only at the national level. In a globalized economy, international protection of designs is of central importance for companies and designers. Anyone wishing to effectively protect their creations and innovations from imitation must consider their rights’ coverage beyond national borders.
International Design Application under the Hague Agreement
An important component for international design protection is registration under the Hague Agreement. With an international application, designs can be protected simultaneously in numerous contracting states. This significantly simplifies the process and ensures that legal protection for design does not end at national borders. Companies and designers thus benefit from an efficient and cost-effective way of securing their rights worldwide.
Uniform EU Design Protection by the Community Design Regulation (CDR)
Within the European Union, the Community Design Regulation (CDR) ensures uniform protection of designs in all Member States. Through central registration with the EUIPO, design owners receive comprehensive protection throughout the entire EU with just one procedure. This strengthens the position of rights holders and makes it easier to enforce their claims in the event of infringements.
International cooperation in combating design infringement is becoming increasingly important. Customs authorities, in particular, play a decisive role when it comes to stopping counterfeit or imitated products at the borders. They can seize suspicious goods, thus effectively supporting design protection. For design owners, it is therefore advisable to also record their rights with customs authorities in order to be able to react quickly if necessary.
Challenges and Legal Advice in International Design Law
However, the application of the Design Act to international matters presents particular challenges for companies and rights holders. Different national regulations, international agreements, and the case law of the courts must be carefully considered in order not to jeopardize one’s own design protection. Especially in cross-border disputes, it is important to be familiar with the specific rules and procedures.
Given the complexity of international design law, it is advisable to seek qualified legal advice at an early stage. An experienced attorney or patent lawyer can help develop the optimal protection strategy, coordinate registration in the relevant countries, and, in the event of infringements, take the appropriate measures.
Conclusion: Global Design Protection as a Competitive Advantage
In summary, it becomes clear: International protection of designs is an essential component of a successful innovation and marketing strategy. By making targeted use of the opportunities offered by the Design Act, international registration, and cooperation with authorities, design owners can enforce their rights worldwide and sustainably protect their creative achievements.
MTR Legal Attorneys advises on design law and further topics of intellectual property protection.
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