The EU design reform package, comprising Regulation (EU) 2024/2822 and Directive (EU) 2024/2823, was published in the Official Journal of the European Union on 18 November 2024. The Regulation, amending existing rules on EU designs, enters into force 20 days following the date of publication and becomes applicable four months later. The Directive, harmonizing national design laws, also formally enters into force 20 days after the date of publication, while EU member states will have 36 months from that date to implement it in their national legislations.

The main goal of the reform is to harmonize design regulations across the EU and improve design protection in the era of digital designs and 3D printing. For instance, the definitions of “design” and “product” have been amended to cover designs created through digital tools. It is now clear that design protection extends beyond physical objects to digital designs.

One of the most anticipated changes is the introduction of the “repair clause” under which spare parts used for the repair of complex products, such as those used for car repairs, will no longer enjoy design protection. This applies to “must-match” components, when the appearance of the spare part is dependent on the original part’s design. The introduction of this clause is expected to increase competition in the automotive spare parts market and beyond. It is important to note that consumers must be informed when they are purchasing non-original spare parts. To ease the transition, an eight-year period is provided during which existing component designs will continue to be protected, allowing manufacturers time to adapt to the new rules. This change will have significant implications, particularly for companies in the automotive sector, as it resolves a decade-long debate over the scope of design protection in the automotive aftermarket.

It is also worth mentioning that under the new rules, it will be prohibited to register cultural heritage elements of national interest as EU designs.

References to a Registered Community Design and Unregistered Community Design (RCD/UCD) will be replaced with Registered EU Design and Unregistered EU Design, bringing the terminology in line with the terminology adopted by the EU Trade Mark Regulation.

Finally, certain filing fees have been lowered in order to encourage SMEs and individual designers to register their designs. However, subsequent renewal fees have been increased.

Source: European Council website