EU Design Reform Begins: key provisions of EU Regulation 2024/2822 effective from 1 May

Starting from May 1 2025, several key provisions set forth by Regulation (EU) 2024/2822, which amends Regulation (EC) No. 6/2002, will be officially applicable.

This date marks phase I of the implementation of the so-called "design package", the EU legislative reform on designs approved last 10 October 2024, aimed at modernising the design system and adapting it to today’s digital and technological evolution in the global market. We discussed this reform in detail in our previous post at this link.

The main provisions that will be effective as of 1 May 2025 are the following:

• New harmonized terminology: the "Community design" is officially replaced by "European Union design", in line with the terminology used for trademarks;
• Broader definitions of "design" and "product": the former includes not only the appearance of the product, but also "movements, transitions and animations" and the latter includes also non-physical products, such as virtual goods, graphic user interfaces and spatial arrangements of items (including virtual spaces in the metaverse). However, design owners will not benefit in full of these changes until the new design representation regime will come into force on 1 July 2026 (phase II), i.e. when the EUIPO will determine the requirements for design representation and especially for animations.
• Simplified registration procedure: it is now possible to submit multiple designs belonging to different ‘Locarno’ classes (i.e. different types of products) in a single application (no "class unit" required); Additionally, there is a new fee structure for design filing and renewals;
• No visibility requirement: while visibility is required in the application for registration, design features of a product do not need to be visible at any particular time or in any particular situation of use in order to benefit from design protection (except for component parts of a complex product);
• Enhanced enforcement of design rights: the scope of protection of design rights extends to unlawful reproductions of designs through 3D printing and against infringing goods in transit in the EU;
• New repair clause: design protection shall not be conferred to spare parts used solely for the repair of complex products to restore their original appearance

What's next?

Other provisions of the Regulation (including the new design representation regime mentioned above, and the simplification of invalidity proceedings) will instead be applicable as of 1 July 2026 (phase II). Member states will have time until 9 December 9, 2027, to implement the provisions contained in EU Directive2024/2823. For a deeper dive into the practical implications of these changes, don't miss our detailed article linked above.