A more modern design law

On 1 May 2025, the first phase of (European) legislation reforming design law came into force. In particular, terminology has been changed. For example, the Community design is now called the Union design. The substantive changes are mainly in the second phase, which enters into force on 1 July 2026. Incidentally, member states have until 9 December 2027 to adapt their national legislation. ​​​​​​​

Design law protects the external appearance of products, provided that that appearance is novel and distinctive. Registration is required to obtain the maximum 25-year design protection. Unregistered designs are eligible for three-year protection.

We highlight seven changes that may be most relevant to you.

The definitions of ‘design’ and ‘product’ are broadened. As a result, not only physical products are protected, but also digital utensils such as digital files for 3D printing objects, animations and graphical user interfaces (GUIs). This expansion is expected to be especially important for certain industries, such as technology and automotive. In line with the expanded definitions, registration options have also been broadened. For example, it will be possible to add video footage to a design application.

Although it will not change very much, it is good to know that registered designs may be marked with a special symbol (Ⓓ).

Under the old regulations, it was required that designs in a multiple application had to fall under the same Locarno classification - an international system that classifies designs by product type. That requirement has been dropped. It will be possible to include multiple products in a single design application, regardless of classification. 

The differences between national and European procedures disappear. This makes applications (administratively) simpler. In addition, the invalidity procedure may be accelerated if the holder of the challenged design does not contest the grounds for invalidity.

If a design - which is protected in the registration - is not visible in the final product, it may still be eligible for protection. However, this does not apply to parts of the design that are part of a complex product and are not visible during normal use.

IP protection and competition are at odds. Regarding design right, the new legislation was decided to promote competition between spare parts manufacturers. Designs relating to (repair) parts of composite products are excluded from design protection. This change is likely to have a particular impact on the automotive industry. Exactly how this will take shape in practice, by the way, remains to be seen. After all, this exception only applies for repair purposes; the replacement part must also have the same external characteristics as the original. Especially in the automotive industry, however, in addition to the repair market, there is also a large market for embellishing cars. The question is when, for example, a new hubcap is considered a repair part and when it is not.

The last point we touch on is about transit goods. These get an added provision, as already known from trademark and patent law. If a vessel or aircraft is only temporarily in a given territory, and thus in transit, there is no infringement in the territory in question.