European Union design reforms adopted

Registered designs in the European Union, currently known as “Community designs”, are being reformed. The final reform package has been under discussion for some time and was approved on 10 October 2024.

The EUIPO, the IP office administering the application and registration process of registered designs in the EU, is working on how these reforms are to be implemented, and there is quite a bit to grapple with. This is due to the reforms including updates to what can be protected, with direct reference to design being available for animations and interior and exterior environments in the updating regulation. Further substantive changes appear to introduce a new ground of invalidity, allowing earlier filed but later published designs to invalidate a registered design, along with specific references to products being repaired and a new repair clause to provide greater clarity in relation to repaired components and permitted product repairs.

There are also less significant changes being implemented, such as to modernise the regulations. These include many references to electronic communications and electronic notification, which were yet to become ubiquitous (at least in IP circles) when the regulations were last updated.

Finally, following EU trade marks, the Community design is being re-branded as a European Union design or EU design. EU designs will also join the ranks of IP rights designated with an encircled letter, with the insignia Ⓓ being adopted for registered designs once the updated regulations enter into force.

This is only a flavour of the range of reforms to come. Dependent on the official publication process of the European Union, we expect these reforms to enter into force in 2025.

With the reforms now finalised we will be providing further updates on the details of the reforms in due course, so follow us on LinkedIn for more news. In the meantime, please contact Alistair Holzhauer-Barrie and Luca Colombo if you would like to discuss the potential relevance of these reforms to your business, or email our dedicated designs team at gje@gje.com.