New Regulations of the Design Law Came into Force on July 1, 2025
As of July 1, 2025, the comprehensive reform of European design law has come into force. With Regulation (EU) 2024/2822 and the accompanying Directive (EU) 2024/2821, the European Union has fundamentally modernized the previous system of Community design rights. The reform establishes the legal protection of designs on a new statutory basis.
Design law, or design right, is a traditional area of industrial property protection. The EU reform, based on the law on the legal protection of design rights, aims to modernize the outdated design law and adapt it to digital and technical innovations, according to the law firm MTR Legal Rechtsanwälte, which advises on design law and other industrial property topics.
The reform of European design law is intended to simplify procedures and strengthen protection against imitation. The changes affect terminology, the material scope of protection, and enforcement possibilities. The amendment of legal provisions by the reform has important consequences for designers, companies, and trademark owners, which should be taken into account early in practice.
Changes in Terminology
Initially, the previous term “Community design” is replaced by the new term “Union design” or “EU design.” This linguistic harmonization fits into the already existing concept of the “Union trademark.” The substantive character of the protection right remains unchanged: protection still covers the appearance of a product or a part thereof, which results particularly from lines, contours, colors, shape, or surface texture. The scope of protection is determined primarily by visible features, as only these can establish the novelty and individual character of the design. Existing Community designs retain their scope of protection; no new registration is required.
The term “product” has also been newly defined and now explicitly includes non-physical items. Thus, any industrial or handicraft item can be a product, except computer programs. Whether it is used in a physical object or takes a non-physical form does not matter, while visible features of components of a product are relevant for novelty. The novelty of a design is determined primarily by the visible features of its components.
Extension of the Scope of Protection in Design Law
The scope of protection is extended to include 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 solely dictated by their technical function remain excluded from protection.
This adaptation reflects the fact that modern design is no longer limited to physical objects and takes into account the intended use of digital designs. For example, an automobile manufacturer can now register, in addition to the exterior shape of a vehicle, the layout of the digital instrument cluster or the animations in the infotainment system as Union designs. This opens a new dimension of protection for software companies, app developers, and manufacturers of digital devices, which was previously insufficiently covered.
3D Printing
A key point of the reform is adapting 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., its public accessibility, is central to design protection. Designs developed under confidentiality and not publicly disclosed may be excluded from protection.
Creating, downloading, copying, sharing, or distributing any media or software on which the design is recorded to third parties constitutes an infringement. However, private, non-commercial 3D printing of protected designs shall remain permitted. This intends to not impede technical development while preventing commercial imitation.
Repair Clause for Spare Parts Related to Repairs
Another key element of the reform is the permanent introduction of the so-called repair clause (exclusion of design protection for repairs). Previously, it was only a transitional provision in the old Community Design Regulation. Now it is permanent and harmonized across the Union. The rule states that design protection does not apply to parts of a complex product that serve exclusively to restore its original appearance. This applies exclusively to repair purposes, with the spare part required to match the original’s appearance. The exclusion of protection particularly concerns parts used exclusively for repair to ensure repairs to the product remain possible.
“D in a circle” indicates existing design rights
A visible innovation is the introduction of a new label: the so-called “D in a circle” can be used to indicate existing design rights. The aim is to facilitate the marketing of registered designs and to increase the visibility of design protection. Its use is voluntary but can have a deterrent effect against imitators in practice and serve as evidence of the rights holder’s good faith in disputes.
Registration and Fees
Registrations must now be made directly with the European Union Intellectual Property Office (EUIPO); registration via national offices is no longer possible. The date of application is decisive for the creation of protection and the priority of the design. Furthermore, multiple applications with up to 50 designs are possible. Registration and publication fees are combined into a single application fee.
- The registration is entered in the official register, which allows inspection of the registered designs.
- EU Member States must transpose the new directive into national law within 36 months.
- It is possible to file a complaint against decisions in the registration procedure.
International Design Protection under the Design Act
The Design Act (DesignG) and the provisions of European design law no longer take effect only at the national level. In a globalized economy, international protection of designs is of central importance for companies and designers. Those who want to effectively protect their designs and innovations from imitation must think beyond national borders regarding the scope of their rights.
International Design Registration under the Hague Agreement
An important component for the international protection of designs is registration under the Hague Agreement. With an international application, designs can be protected simultaneously in numerous contracting states. This significantly simplifies the procedure and ensures that legal protection of designs does not end at national borders. Companies and designers thus benefit from an efficient and cost-effective way to secure their rights worldwide.
Unitary EU Design Protection through 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 across the entire EU with only one procedure. This strengthens the position of rights holders and facilitates the enforcement of their claims in case of infringements.
International cooperation in combating design rights infringements is becoming increasingly important. Especially customs authorities play a decisive role in stopping counterfeit or imitated products at the borders. They can seize suspicious goods and thus effectively support design protection. For design owners, it is therefore advisable to register their rights with customs authorities to enable swift action in emergencies.
Challenges and Legal Advice in International Design Law
Applying the Design Act to international matters poses special challenges for companies and rights holders. Different national regulations, international agreements, and court decisions must be carefully observed to avoid endangering the protection of one’s own design. Especially in cross-border disputes, it is important to know the respective rules and procedures precisely.
Given the complexity of international design law, it is advisable to seek qualified legal advice early on. An experienced attorney or patent attorney can help develop the optimal protection strategy, coordinate registration in the relevant countries, and take appropriate measures in cases of infringement.
Conclusion: Worldwide Design Protection as a Competitive Advantage
Overall, it is evident: international protection of designs is an essential component of a successful innovation and marketing strategy. By purposefully using the opportunities of 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 advise on design law and other topics of industrial property protection.
Feel free to contact us!
