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, entered into force on 01.05.2025.
European Union design (EU design or EUD)
The first change introduced is that : Regulation (EC) No 6/2002 is amended as follows:
(1) the title is replaced by the following: Council Regulation (EC) No 6/2002 of 12 December 2001 on European Union designs, introducing one long expected change in the name of the protected object, making it – from Community Design to European Union Design.
Other changes are:
- The definition of “product” now includes digital elements and animations
The definitions of ‘design’ and ‘product’ have been expanded to encompass a varied range of designs and to ensure that they remain adaptable to technological advancements while offering increased legal certainty and transparency concerning design protection. Appropriate means of design representation will be determined by secondary legislation and ED decisions.
Specifically, the definition of ‘design’ (Article 3(1) of the EUDR as modified by the Amending Regulation) has been broadened to encompass animation. Animation is to be understood as a progressive change of the design feature(s), with or without retaining their identity. Animation is a broad term and includes both movement and transition.
The definition of ‘product’ (Article 3(2) of the EUDR as modified by the Amending Regulation) has been revised to explicitly include non-physical items. It clarifies that a product can be any industrial or handicraft item other than computer programs regardless of whether it is embodied in a physical object or materialises in a non-physical form.
Additionally, the list illustrating what constitutes a product is re-arranged and broadened. The statutory definition now expressly encompasses sets of articles, spatial arrangements of items intended to form an interior or exterior environment, and parts intended to be assembled into a complex product, as well as graphic works or symbols, logos, surface patterns and graphical user interfaces.
- The restriction of pertaining to the same class is removed (allowing up to 50 designs per application)
- Exclusive rights are extended to prevent copying via 3D printing, as well as the distribution of digital files.
- The use of the symbol (D) is permitted to indicate design registration – From 1 May 2025, products protected by an EU design can bear a label or design notice consisting of the letter “D” in a circle This raises awareness of protection by third parties and makes it easier to market the product. It is important that the EU design is registered (not just applied for).
- Starting May 1, 2025, renewal rates will increase: The first period of renewal will increase from €90 per design to €150, the second renewal period increases from €120 per design to €250, and for designs that are being maintained for the fourth and final renewal period the fee increases from €180 per design to €700 per design.
