At the end of 2024, the European institutions adopted Directive (EU) 2024/2823 of the European Parliament and of the Council on the legal protection of designs. The directive came into force on December 8, 2024, and member states have until December 8, 2027 to transpose it.

A new regulation on design rights issued by the EUIPO has been adopted, and certain provisions will come into force on May 1.

Reform of European design law

At the end of 2024, the European institutions adopted Directive (EU) 2024/2823 of the European Parliament and of the Council on the legal protection of designs. The directive came into force on December 8, 2024, and member states have until December 8, 2027 to transpose it.

A new regulation on design rights issued by the EUIPO has been adopted, and certain provisions will come into force on May 1.

Among the main changes, we would particularly like to draw your attention to the following points:

• Fee increases for European titles from May 1:

For filings, the publication fee is now integrated into the filing fee and will no longer be subject to a separate payment: IMAGE 1

For renewals, the EUIPO is adopting progressive fees, considerably increasing the fee for the last renewals (for the record, a design is renewable every 5 years for a maximum protection of 25 years): IMAGE 2

We therefore recommend that you anticipate your 2025 renewals as far as possible, in order to benefit from the current fees.

• Modernization of the definition of a design and introduction of new modes of representation: all forms of visual reproduction, whether static, dynamic or animated, are eligible for protection under a design right, including movement, transitions or any other type of animation ➡️ effective July 1, 2026 for EU designs

• Expansion of multiple filings: A single application may contain up to 50 designs, regardless of the number of classes ➡️ applicable from May 1, 2025 for EU designs

• Publication deferment: By default, automatic publication of the design after 30 months ➡️ Applicable from May 1, 2025 for EU designs

• Liberalization of the spare parts market: introduction of a separation clause which does not confer protection on parts of a complex product used for the sole purpose of enabling the repair of the complex product ➡️ Effective May 1, 2025 for EU designs

• Symbol Ⓓ (alt+9401 on keyboard) : Possibility for owners to mark products protected by a registered design (no real legal value, but beware of misleading use) ➡️ applicable from May 1, 2025 for EU designs

• Expiry of the title on the expiry date, no longer on the last day of the expiry month ➡️ applicable from May 1, 2025 for EU designs

This reform marks an important step in the evolution of European design law in Europe, with the aim of modernizing it to meet today's challenges.

If you would like to anticipate these changes, assess their impact on your title portfolio or benefit from personalized advice, our team is at your disposal.

📩 Contact us today at trademarks@ipsilon-ip.com to discuss your requirements.

Source :

Regulation (EU) 2024/2822 of the European Parliament and of the Council of October 23, 2024 amending Council Regulation (EC) No 6/2002 on Community designs and repealing Commission Regulation (EC) No 2246/2002 (Text with EEA relevance)

Directive (EU) 2024/2823 of the European Parliament and of the Council of 23 October 2024 on the legal protection of designs (recast) (Text with EEA relevance)