Parts of the EU European Union (EU) Design Reform will enter into force in May 2025. Please find below some information on the most important topics.

The EU Design Reform aims to modernize, clarify and strengthen design protection, improve accessibility of design protection in the EU, ensure enhanced interoperability of design protection systems in the EU and harmonize the diverging spare parts protection regime across the EU.
The following changes will apply as from 01/05/2025:

1. Terminology
The terminology is adapted to the wording of the Lisbon Treaty, with all references to the Community being substituted by references to the European Union, or just, the Union, namely:

• The Community Design Regulation will become the European Union Design Regulation (“EUDR”).
• The Registered Community Design and Unregistered Community Design will become the Registered EU Design (REUD) and the Unregistered EU Design (UEUD).
• Existing Community design applications and Community designs will automatically become European Union design applications and European Union designs (“EU designs”).
• The Community Design Court will become the EU Design Court. 

2. Structural changes
Structural changes are done to align with the structure of EU Trademark Regulation.The Fees Regulation is repealed, and the “fee-rules” are now incorporated into the Amending Regulation.

3. Substantive changes
a) Design Definitions
The definition of “design” has been broadened to encompass animation. Animation is to be understood as a progressive change of the design feature(s).

b) Product Definition
The definition of “product” now explicitly includes non-physical terms. And the definition now expressly encompasses sets of articles, spatial arrangements of items, parts intended to be assembled into a complex product, as well as graphic works or symbols, logos, surface patterns and graphical user interfaces.

c) Exclusive rights and limitations
aa) 3D printing
The scope of the exclusive rights is extended to 3D printing. Creating, downloading, copying and sharing or distributing to others any medium or software which records the design represent infringing uses of a design.

bb) New limitations – two new limitations to the exclusive rights are introduced:

• Identification and Referencing
• Comment, critique or parody

d) Repair clause
The repair clause clarifies the exception to design protection for spare parts used in the repair of complex products (e.g. cars).

e) Introduction of Design Notice
This allows design holders to display a design notice on their products to raise awareness about the design registration regime. The design notice will consist of a letter “D” enclosed within a circle (D).

f) Filing and Examination
aa) Centralised Filing
All applications must now be submitted directly to the EUIPO, they can no longer be filed through national offices.

bb) Filing Date Requirements
The payment of the application fee has become a requirement for establishing a filing date. Applicants must ensure that the fees are paid within one month of filing, aligning the process with that of EU trademarks.

cc) Specimens
The submission of physical specimens has been abolished.

dd) Multiple design applications
The “unity of class” requirement has been removed which shall allow a wider variety of designs in a single application. At the same time, a limit of 50 designs per applications is introduced to keep it manageable. The fee structure (see below) is also simplified.

ee) Deferred Publication
Deferred publication is no longer subject to the payment of a publication fee. Accordingly, design holders can no longer prevent publication by non-payment but must explicitly surrender the designs that they do not want to be published.

ff) Renewal
The calculation of the basic period for renewal for EU designs is aligned with that of EU trademarks. The basic renewal period will now be the six-month period ending on the date of expiry of the registration (and not on the last day of the month on which protection ends).

g) Fees
The new regulatory scheme envisages the unification of the registration and publication fees into a single application fee which remains constant at 350 € official fee. For multiple applications, a flat fee of 125 € per additional design is introduced which is slightly higher than the combination of former filing and publication fee.

Moreover, the renewal fees are increased:
 

Period of Renewal	Old	New
1	90€	150€
2	120€	250€
3	150€	400€
4	180€	700€

The new fees apply for payments after May 1, 2025. As long as the request for renewal is submitted and the payment is made on or before April 30, 2025, the old fees will still apply. The request can be filed and the payment can be made 6 months before the due date which corresponds to the filing date. If you want to benefit from the old fees, please inform us well before April 24, 2025. Please note that we may only pay the fees to the European Union Intellectual Property Office, if we receive your payment before April 29, 2025.

If you have any further questions, please do not hesitate to contact us.