After years of discussion and delays, the EU Council has approved a reform package to EU design law, with the practical aspects becoming effective as of the 1st May 2025. This reform package introduces several significant updates that affect the scope of design protection, registration processes, and the overall functioning of the EU design system. In this article, we’ll provide an overview of the main changes.
New terminology, definitions and registration symbol
As part of the reform, the design rights are renamed to include a clearer focus on the nature of the protection granted. The traditional terms “Registered Community Design” (RCD) and “Unregistered Community Design” (UCD) have been replaced with “Registered European Union Design” (REUD) and “Unregistered European Union Design” (UEUD), reflecting the broader and more unified application across all EU member states.
To make it easier for the public to identify registered designs, a new registration symbol will be introduced. This symbol will be displayed alongside the registered design to indicate its protected status and is in the form of a capital letter D enclosed within a circle: Ⓓ.
The definition of a “design” has been expanded significantly. It now explicitly includes designs that involve movement, transition, or any form of animation. This is a crucial update to recognize that the dynamic nature of certain designs (e.g., animated graphics, moving elements in a product) contributes to their aesthetic appearance. This change is particularly relevant for industries involving digital products or user interface (UI) designs, where movement and transitions are a key part of the overall design, but not previously covered under traditional design protection.
These additions mean that designs which are not embodied in a physical object but rather are virtual or dynamic in nature (e.g., animations, UI/UX features) can now be protected as designs in the EU.
The reform also introduces a much broader definition of “product”. While the term traditionally referred to physical objects, the new definition will explicitly encompass both physical products and digital products (such as software, virtual goods, digital representations, etc.). This allows designs related to digital content, including apps, websites, virtual reality environments, and other non-physical products, to be protected under EU design law. The expansion reflects the growing importance of digital designs in modern product development and consumer experience.
Possible Broader Protection for Features Not Visible in Normal Use
There is an indication that features not visible in normal use could be granted broader protection. Under the previous regulation, designs that were not visible during normal use (e.g., hidden components or internal features) were often excluded from design protection.
The reform clarifies that designs which include features that are not visible in normal use can still be registered and protected. This change is particularly important for industries like automotive, consumer electronics, and packaging, where internal or hidden features can have significant aesthetic value. However, it is important to note that this protection does not extend to component parts of complex products, which must remain visible in normal use in order to be protected.
Changes to the “Repair Clause”
The “repair clause” in the new regulation has been strengthened, meaning that design protection will not apply to component parts whose appearance is dependent on the appearance of the complex product concerned (“must-match” spare parts). With fewer design rights in this particular area, it is now thought that this could increase competition in the spare parts market, potentially leading to lower prices and greater availability of aftermarket parts, for example, in the automotive industry.
Summary
The EU Design Reform Package represents a comprehensive update that aligns EU design law with modern technological, digital, and economic realities. The key changes focus on expanding the definition of “design” and “product” to cover digital, dynamic, and non-physical designs, and enhancing the protection for designs with non-visible features, while seemingly increasing competition in the spare parts market. These updates will likely make it easier and more attractive for a broader range of creators, including those in digital and high-tech industries, to secure and enforce design rights in the EU. If you have any questions or would like further information regarding any of the above, or would like to understand how we could help you enforce your design rights in the UK, EU, or beyond, please do not hesitate to contact us, either by email at mail@bailey-walsh.com or by telephone on +44 (0)113 243 3824.