Changes in design law — the new European Union design

1 Introduction and objectives of the reform

The new Regulation on European Union Designs (2024/2822) will come into force on 1 May 2025; in smaller parts, the changes will not come into force until 1 July 2026. At the same time, the Directive on national designs was also recast (2024/2823). Both are dated 23.10.2024. The Design Directive must be transposed into national law by 9 December 2027.

The amendments are designed in such a way that the former Community design, now called Union design, is largely parallel to national law.

The aim of the reform is to modernise and harmonise European design law.

 

2 Overview of significant changes

2.1 Terminology

• The term “Community design” is replaced by “Union design”.
• The German Design Act (DesignG) remains unchanged.

2.2 Extended definitions of terms

• Designs: Features such as movement, changes of state or animations are now also eligible for protection.
• Products: Designs no longer necessarily have to have a physical form.
  Digital designs (e.g. user interfaces or shop designs) are also taken into account.

2.3 Extended protection provisions

• The production and use of CAD files to enable the 3D printing of protected products now constitutes an infringement.
• The creation, sharing and distribution of such files is explicitly prohibited.

 

3 New regulations

3.1 Barrier regulations

• New are exceptions for actions to identify a design and for comments, criticism or parodies. This could make things easier in advertising.

3.2 Repair clause

• A mandatory repair clause is introduced without this meaning significant changes to the German Design Act. Components that are used exclusively for the purpose of repairing a complex product are not protected. Spare parts can therefore be manufactured without regard to design law. However, the manufacturer and the trade are obliged to affix a clear, invisible indication on the spare part about the origin of the spare part and the identity of the manufacturer of the product to be repaired. The consumer should therefore be able to make a conscious decision as to whether to use the original or a replacement part from a third party.

3.3 Introduction of labelling

• Protected designs can now be labelled with a “D” in a circle to improve the marketing and visibility of the protection.

3.4 Written form for transfer

• The assignment of an EU design is only possible in writing and with signatures. If this is violated, the transfer is null and void.

 

4 Fee adjustments

• The renewal fees for Union designs are increasing significantly:

1.Extension: EUR 150

2.Extension: EUR 250

3.Extension: EUR 400

4.Extension: EUR 700

5 conclusion

The reform requires only a few adjustments to the German Design Act. The future case law on the new limitations will be a long time coming and will probably not have a major impact in practice.

Of greater significance is the fact that some new subjects of protection have been included, in particular shop designs (spatial arrangement of objects intended to form an interior or exterior space) or more complex contexts such as sets of articles. Here, improvements have been achieved for IP right holders in some sectors.