The new European Design reform: Key changes and strategic insights for rights holders

Summary of the reform and its strategic impact

The new EU legal framework introduces:

Modernized definitions reflecting digital and animated designs
Expanded procedural flexibility (multi-design filings, deferment)
Enhanced enforcement tools for both physical and digital infringements
Harmonized grounds for refusal and invalidity
Rebalanced fees that benefit SMEs but impact long-cycle industries
Clear ownership rules aligned with employment law
Legal clarity on unregistered designs and repair clause use

Rights holders are advised to audit their design portfolios, revise employment agreements, and reconsider filing strategies to optimize protection under the new regime.

Key dates and implementation timeline

May 1, 2025: Regulation takes effect (Phase I)
July 1, 2026: Secondary legislation provisions apply (Phase II)
December 9, 2027: Deadline for Directive transposition
December 9, 2032: Expiration of grace period for spare parts protections

Expanded scope of protectable designs

A – Digital and non-physical designs

The scope now includes graphical user interfaces, virtual objects, and spatial configurationsin virtual environments. This reform reflects market trends in gaming, metaverse technologies, and digital user experiences.

B – Animated and virtual elements

Designs incorporating movement or transitions are now explicitly protected, such as app animations, dynamic web content, or virtual clothing.

Procedural innovations in design filing

A – Simplified multi-design applications

Applicants may include up to 50 designs in a single application, with no requirement to group them under the same Locarno class.

B – Visual representation and application requirements

Only visibly represented features in the application will be protected, resolving a longstanding ambiguity. Mandatory elements include applicant identity, visual representation, and indication of product use.

C – Harmonized deferment of publication

Applicants may defer publication for up to 30 months. A request to block publication must be submitted at least 3 months before deferment expiry.

Strengthened rights and enforcement mechanisms

A – 3D printing and digital file protections

Rights holders can now block unauthorized sharing or use of digital files enabling 3D reproduction, offering critical protection in an era of decentralized manufacturing.

B – Enforcement against infringement in transit

Design rights may be enforced even if the infringing goods are merely transiting through the EU, aligning with trademark law.

C – Fast-Track invalidity procedures

The EUIPO can now expedite invalidity procedures when uncontested, reducing enforcement delays.

Ownership clarifications and employment relationships

Ownership of a design belongs by default to the creator or successor, unless created during employment, in which case the employer becomes the owner. National laws and contracts may override this default rule.

Financial impact and new fee structure

The reform introduces a comprehensive revision of the fee structure applicable to designs within the European Union. While certain upfront costs have been reduced (notably, the filing fee for a single design has decreased from €350 to €250) renewal fees rise significantly from the third renewal period onwards.

This shift is designed to benefit SMEs and short product life-cycle industries (such as fashion, accessories, and digital goods) by easing entry costs and streamlining the registration process. Conversely, it may place a heavier financial burden on sectors with long product life cycles, including automotive, home appliances, and industrial engineering, where sustained protection over 20 to 25 years is critical. For these industries, the escalating renewal costs necessitate proactive budgeting and strategic portfolio management.

Harmonized grounds for refusal and invalidity

New optional grounds for refusal include designs that:

Misuse emblems or signs of public interest
Reproduce elements of national cultural heritage (e.g., monuments, traditional clothing)

Unregistered designs: a clarified regime

First disclosure outside the EU may still qualify for unregistered protection if it reasonably reaches the relevant EU public. This flexibility aligns the law with modern digital disseminationpractices.

The new repair clause and its market implications

Effective December 9, 2027, the repair clause allows reproduction of design elements necessary to restore the original appearance of complex products (e.g., car parts).

Strict conditions apply: Must be used for repair only, and origin must be disclosed.
Does not apply to trademarks or parts not critical to visual restoration.

This clause fosters competition and circular economy goals, but raises compliance questions.

Enhanced legal certainty and creative freedom

Legitimate uses of protected designs now include:

Comparative advertising
Commentary and critique
Parody

These are permitted under fair trade principles and aim to preserve freedom of expression and market transparency.

Strategic considerations for international businesses

Businesses should:

Audit portfolios and renewals deadlines to identify models that require renewal or consolidation, taking into account the new fee structure, which imposes a heavier financial burden in the long term.
Update employment contracts regarding ownership, particularly for employees likely to create designs as part of their duties. The reform confirms that, by default, rights belong to the creator unless a contrary clause or specific national provision applies. A clear contractual clause prevents future disputes over ownership and strengthens the company’s legal security in case of litigation or rights transfers.
Always assess on a case-by-case basis whether it is more advantageous to opt for an international application under the Hague System or a Community design application, depending on the target countries, exploitation prospects, and budgetary constraints.

Conclusion

The reform modernizes EU design law for the digital age, introduces procedural efficiency, and fosters innovation through clarity and flexibility. While offering opportunities, it also requires proactive adaptation by rights holders.

Dreyfus Law Firm advises rights holders across Europe and internationally to implement these changes strategically.

The Dreyfus Law Firm is in partnership with a global network of lawyers specialized in Intellectual Property.