EUIPO (here)

1. Introduction

    Structured in two phases, the first phase (“Phase I”) of the long-awaited EU Design Legislative Reform (also known as the “Design Package”) officially came into effect last 1 May 2025. This reform represents a comprehensive overhaul of the EU design protection system, aiming to modernize it in light of digital transformation, virtual products, and evolving market practices.

    While the second phase (“Phase II”) will come into effect on 1 July 2026, introducing additional legal and procedural changes, the EUIPO has just issued its updated 2025 Guidelines on 28 May 2025 (“EUIPO Guidelines”)[1], which will apply as of 1 July 2025, thus complementing the legislative amendments.

    In addition to the directly applicable Regulation (EU) 2024/2822[2], Directive (EU) 2024/2823[3] was also adopted and entered into force on 8 December 2024. Deadline for EU Member States to transpose this Directive into national law is set for 9 December 2027. The Directive covers areas not fully harmonized by the Regulation, such as national design rights, invalidity proceedings, and the implementation of the repair clause at national level.

    This article outlines some key regulatory updates introduced in Phase I, briefly analyses the new EUIPO Guidelines, and anticipates a number of implications for professionals and design rights holders arising from Phase II and the 2027 transposition deadline.

    2. Phase I: Key Legislative Changes

    a) Broadened Definition of “Design” and “Product”

      Besides updating the terminology used[4], one of the most notable updates is the expansion of the definition of “design” to encompass dynamic, digital, and animated elements, such as:

      • animated user interfaces (GUIs)
      • visual transitions and effects
      • multimedia representations
      • designs usable in virtual and augmented reality environments

      Accordingly, the definition of “product” has also been extended in order to include not only tangible products, but also non-physical ones, including:

      • digital goods in video games and the metaverse
      • virtual interfaces or technological effects
      • designs applied to digital or interactive surfaces

      These updates aim to align legal definitions with the new technological realities, opening design protection to many forms of digital expression.

      b) Revised Visibility Requirements

      One of the more technically nuanced aspects of the reform is the clarification of the visibility criteria.

      Previously, a design had to be visible “during normal use” of the product to be eligible for protection. This created legal uncertainty, especially for internal components or digital-only features.

      Under the new provisions:

      • for general products, visibility is assessed based on the representation provided in the application for registration, not how the product is used in practice. This means that designs no longer need to be visible during normal use if their aesthetic features are clearly shown in the registration
      • for complex products (i.e., products made of multiple replaceable parts, permitting disassembly and reassembly of the product), only the components that are visible during normal use by the end user and not during servicing or maintenance are eligible for protection. This is consistent with the repair clause introduced to promote fair competition in spare parts markets.

      This change widens protection for digital components and interactive interfaces, allowing companies to register more aspects of their product designs without being constrained by functional visibility standards.

      c) Spare Parts and the Repair Clause

      The Design Package update and address the issue of the so-called “repair clause”, clarifying the exception to design protection for spare parts used in the repair of complex products (e.g. cars).

      The clause ensures that visible components of complex products, used solely for repair purposes, can be manufactured and sold by third parties, provided that:

      • the part restores the original appearance of the product
      • consumers are not misled about its origin

      This harmonizes the controversial “must-match” rule across the EU, favouring consumer choice and aftermarket competition.

      d) Digital Files and 3D Printing

      Design owners now have explicit rights to prevent:

      • the creation and distribution of digital files designed for the reproduction of protected products (e.g., STL files)
      • the unauthorized 3D printing of products based on such files

      This provision targets the growing issue of digital piracy and unauthorized reproduction in sectors such as fashion, furniture, automotive, and consumer electronics.

      e) Transit Goods and Customs Enforcement

      Design protection now clearly extends to goods in transit through the EU, even if not intended for sale within the EU market, unless the declarant can prove the goods do not infringe design rights in their destination country. This aims to improve anti-counterfeiting enforcement and legal certainty at EU borders.

      f) Streamlined Procedures and Greater Filing Flexibility

      Updates include:

      • the possibility to file up to 50 designs in a single application, even across different Locarno classes, removing the prior requirement of class homogeneity
      • new accepted forms of representation, such as photos, technical drawings, 3D renderings, and video files, allowing applicants to show design features more effectively
      • additional flexibility for accompanying descriptions and supplementary materials

      Please note that a key transitional deadline is set for 31 December 2025.Design holders with existing registrations must align their representations with the new technical requirements (e.g., accepted file formats, clarity rules, and view consistency).

      Failure to update representations may affect enforceability or renewal eligibility.

      g) Increased Renewal Fees

      While initial registration fees remain unchanged, the renewal fees have increased substantially to encourage strategic portfolio management:

      • 1st renewal: €150
      • 2nd renewal: €300
      • 3rd renewal: €500
      • 4th renewal: €700

      3. The EUIPO Guidelines

      The 2025 edition of the EUIPO Guidelines, published on 28 May 2025, reflects the above legal updates and provides detailed instructions on their implementation. Key aspects include:

      • Accepted file formats: EUIPO now formally accepts animated (.mp4, .gif) and 3D object formats (.obj, .stl), with specified technical requirements
      • Multiple design applications: clarifications on how to manage filings containing designs from different sectors or product classes
      • Overlap with trademarks: guidance on how to distinguish between 3D trademarks and registered designs to avoid registration conflicts
      • Transit enforcement and scope: clarifications on how in-transit goods are handled by EUIPO and customs authorities

      4. Phase II: What to Expect

      The second phase of the reform will come into effect on 1 July 2026 introducing further updates, including:

      • simplified invalidity procedures for uncontested cases with shorter timelines and reduced costs
      • improved access to unregistered design protection, especially for SMEs and independent designers
      • potential introduction of specific registers or procedures for designs in digital environments, including those used in metaverse applications or video games

      5. National Transposition of the Directive

      As said, while the Regulation is directly applicable across the EU, the accompanying Directive requires Member States to transpose its provisions into their national legal systems by 9 December 2027. This concerns:

      • alignment of terminology and definitions across the EU
      • national design rights and procedures
      • local implementation of the repair clause
      • harmonized rules for invalidity proceedings at the national level

      IP professionals should monitor each Member State’s implementation process closely, as variations in timing and interpretation may affect litigation and filing strategies.

      6. Strategic Takeaways for IP Professionals

      This reform marks a turning point in the EU’s design law framework, aligning it with the realities of a digital and interconnected economy. For IP professionals, brand owners, and design-focused industries, immediate actions possibly include:

      • reviewing and updating filing strategies to benefit from broader scope and digital-friendly formats
      • reassessing design portfolios in view of higher renewal costs
      • adapting licensing and enforcement contracts, especially to address digital file use and 3D printing
      • meeting the 31 December 2025 deadline for aligning design representations
      • preparing for additional updates coming with Phase II in July 2026
      • monitoring national implementation of the Directive by December 2027

      7. Conclusion

      The EU Design Reform represents the most significant transformation in over two decades of European design law. With Phase I already in force, Phase II on the horizon, and the Directive’s transposition deadline approaching in December 2027, stakeholders must act now to align their strategies, rights, and procedures.

      [1] A summary of the main items that have changed is available at the following link: https://www.euipo.europa.eu/it/news/the-2025-euipo-guidelines

      [2] Regulation (EU) 2024/2822 of the European Parliament and of the Council of 23 October 2024 amending Council Regulation (EC) No 6/2002 on Community designs and repealing Commission Regulation (EC) No 2246/2002. Full text available here https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L_202402822.

      [3] Directive (EU) 2024/2823 of the European Parliament and of the Council of 23 October 2024 on the legal protection of designs (recast). Full text available here https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L_202402823.

      [4] See here https://www.euipo.europa.eu/en/designs/design-reform-hub/terminology-procedural-changes.