EU Design Reform: Key Changes

The European Union’s Design Reform Package, published on 18 November 2024, marks a significant step forward in modernising intellectual property protection. Effective from 1 May 2025, the reforms introduce sweeping changes to the EU design protection framework, extending rights to virtual goods, streamlining application processes, and addressing emerging technologies such as 3D printing.

What’s Changing?

· Extended Protection for Virtual Goods and Digital Designs

The definition of a “product” has been broadened to include non-physical items, such as virtual goods and digital assets. This means that designs for virtual environments, in-game items, and graphical user interfaces (GUIs) can now be protected under EU design law. Additionally, the definition of “design” now explicitly covers animations, transitions, and dynamic elements, reflecting the growing importance of digital and interactive content.

· Simplified Filing Process

One of the most significant changes is the ability to file multiple designs in a single application, even if they fall under different Locarno classes (the international classification system for designs). Previously, multiple designs in one application were limited to the same class. This change will make the registration process more cost-effective and efficient.

· Enhanced Protection Against 3D Printing

The reforms introduce a new infringement right to address the challenges posed by 3D printing. Design holders can now prohibit the creation, downloading, copying, or sharing of software or media that records their design for the purpose of reproducing infringing products.

· Visibility and Representation of Designs

The requirement for a design to be visible during use has been relaxed. Protection will now be granted for features that are visible in the application, even if they are not always visible in practice. Additionally, the seven-view limit for design representations will be abolished from 1 July 2026, allowing applicants to submit dynamic files such as videos or 3D models.

· Unregistered Design Rights

The reforms remove the requirement that unregistered designs must first be disclosed within the EU to qualify for protection. This means that designs first shown at international trade fairs or online platforms outside the EU may now be eligible for unregistered design rights, provided they could reasonably have become known to the relevant EU public.

For further advice on how these changes may impact your intellectual property strategy, please drop us an email or give us a call and we will be happy to arrange a free consultation with one of our specialist IP lawyers.