The new EU design reform will convert existing Community designs into EU-wide designs, streamlining and harmonizing the system across member states, similar to the recent trademark reform.

This reform modernizes design protection to align with current technologies and economic conditions.

Notably, the definition of “design” can also include animation, such as movement and transitional elements.

The reform introduces clear guidelines for identifying or referencing a product as belonging to the design holder. To help highlight registered designs and promote awareness of their protection, right holders will be able to use the “D” symbol inside a circle. This symbol acts as a clear indication that the design is officially registered.

Additionally, the definition of “product” has been expanded to include non-physical objects, as well as a broader range of components. Now, any industrial or handcrafted items are covered, including sets, spatial arrangements, parts for assembling complex products, graphic works, logos, surface patterns, and graphical interfaces. However, this expanded definition does not apply to computer programs.

A major update in the reform is the inclusion of 3D printing within the scope of design protection. This means that the creation, download, copying, sharing, or distribution of designs via 3D printing will be considered an infringement of design rights.

To balance protection with other freedoms, the reform also safeguards freedom of speech. It permits identification, reference, commentary, criticism, and parody of designs, ensuring that free expression is maintained without undermining design rights.

Another important feature of the reform is the “repair clause.” This exception allows spare parts used in the repair of complex products, such as automobiles, to be excluded from design protection if they are used solely to restore the original appearance of the product.

Finally, the reform simplifies the design application process by merging the publication and registration fees, making the process more cost-effective and efficient. In addition, applicants can now register up to 50 design images in a single application.