On November 18, 2024, two fundamental legal texts were published in the Official Journal of the European Union, serving as key references for legal and procedural practices concerning the protection of industrial designs in the EU. These texts mark the culmination of the process undertaken by the European Commission since 2022 to update and adapt the existing EU legislation on industrial designs to the current context.
It is worth noting that the legislation governing the legal protection of designs and models in the European Union had been in force for over 20 years (Council Regulation (EC) No 6/2002 on Community designs and the Directive on the legal protection of designs, which consolidated Directive 98/71/EC). While this regulatory framework successfully harmonized national regulations across EU member states and significantly boosted this form of protection across the Union, it became evident that certain updates were necessary, particularly regarding concepts related to “digital and dynamic” designs, 3D reproduction protection, the long-awaited revision of visibility limitations on products, and the review of the scope of protection for designs of parts of complex products (spare parts – repair clause).
As a result, the published texts include Regulation 2024/2822 of October 23, 2024, amending Council Regulation (EC) No 6/2002 on Community designs. This regulation came into force on December 8, 2024, and will be applicable from May 1, 2025, for provisions that do not require secondary legislation. For provisions requiring additional legislation, the effective date is set for July 1, 2026.
The second key legal text is Directive (EU) 2024/2823 of October 23, 2024, on the legal protection of designs. This directive also came into force on December 8, 2024, alongside the amending regulation. However, EU member states have 36 months to incorporate it into their national laws, meaning the deadline for implementation is December 9, 2027.
Key Changes
First, this new legal framework introduces several key modifications to adapt the legislation to modern-day digital and dynamic designs. One minor but notable change is the renaming of the term “Community design” to “EU design.” More significantly, the regulation revises the definitions of “design” and “product” to accommodate evolving technological realities.
Specifically, EU design protection now explicitly includes the appearance of a product (or part of it) derived from characteristics such as movement, transitions, or animations. Additionally, the definition of “product” has been expanded to include materialization in digital formats.
To strengthen legal protection in today’s technological landscape and address digital infringement risks, the regulation extends its scope to include materials or media enabling 3D printing reproduction. It explicitly prohibits the creation, downloading, copying, sharing, or distributing any medium or software that records the design for the purpose of enabling the production of a product without the rights holder’s authorization.
One of the most significant additions is the introduction of Article 20b in the new regulation, which relates to the so-called repair clause concerning the protection of designs for components of complex products used to restore their original appearance. This new provision excludes from protection those components whose design depends entirely on the appearance of the product and which are used solely for the purpose of restoring the original look of a complex product.
Another clarification included in the texts concerns design visibility. Protection will only be granted to visible features of an EU-registered design as they appear in the registration application. This provision addresses designs with characteristics that may not always remain visible during a product’s use. However, it does not apply to designs that are part of a complex product and remain hidden once assembled in normal use.
Finally, several formal yet significant changes have been introduced. These include allowing animations in design applications, modifying the fee structure, and, most notably, eliminating the requirement for a single class in multiple applications. Multiple applications are now limited to a maximum of 50 designs.
With the publication of these texts, the legal framework for industrial design protection in the EU has been adapted to current conditions. The next step will be to monitor the release of Examination Guidelines to understand how these legal provisions will be applied to new applications moving forward.
Article by Xavier Prados.
