EU design law reform: Implications for businesses

On 1 May 2025, the first phase of reform of European design law entered into force. Regulation (EU) 2024/2822 and Implementing Regulation (EU) 2025/73 together, as phase I, form part of a broader modernisation initiative (the so-called “Designs and Models Package”) being implemented in two phases.

The reform affects both the EU Design Regulation (EUDR) and the procedural practice of the European Union Intellectual Property Office (EUIPO), aiming to adapt the more than twenty year old system to the realities of digital business models and emerging technologies, such as 3D printing, virtual designs and modular products.

As explained by the EUIPO,  the changes introduce not only new terminology and procedures, but also expanded protection possibilities, revised fee structures, and new requirements for the representation of designs. 

For businesses seeking design protection in Europe - or already holding registered EU designs - the changes have specific strategic and operational implications.

Here we examine the following aspects of phase one of the reforms in terms of the practical impacts on businesses:

• New terminology and structure.
• Expanded scope of rights.
• Changes in the application process.
• Fees and costs.
• Examination of invalidity applications.
• Register operations and deadlines.
• Legislative framework and transparency.
• Additional action points for businesses.

New terminology and structure

The reforms introduce clear linguistic and systematic realignment:

• “Community Design” is now “European Union Design (EU Design)”.
• “Community Design Court” becomes “EU Design Court”.
• The “Community Design Regulation” is now the “European Union Design Regulation (EUDR)”.
• Existing rights are automatically renamed – re-registration is not required.

Impact: businesses should update internal IP documents, contracts and licence agreements accordingly to reflect such changes.

Expanded scope of rights

The reforms modernise and broaden the scope of protectable subject matter:

• Designs now include animations and moving elements.  Such change is particularly relevant for digital interfaces and product visualisations.
• The definition of “product” now includes non-physical items, such as graphical user interfaces (GUIs), logos, patterns, sets, spatial arrangements and parts of complex products.

Impact: 

• There are now new protection options for digital products, modular systems and UI/UX designs.  This is especially relevant for the software, automotive, Industry 4.0 and medical technology sectors.
• The reform not only expands the scope of protection but also eliminates previous legal uncertainties. In particular, the explicit inclusion of non-physical products, such as GUIs and virtual designs, marks a major change, offering legal clarity for digital and intangible assets.
• Under Article 18a EUDR, the protection conferred is strictly limited to the features shown in the published representation. This means that applicants must ensure that all relevant design features are clearly and completely depicted at the time of filing, as later clarifications or additions are not permitted.

Changes in the application process

What has been removed:

• No more filing via national offices – all applications are now to go through the EUIPO.
• There is no need to submit specimens.
• The “unity of class” requirement has been abolished – designs can now span multiple classes.

What is new:

• Product indication is mandatory.
• Designers must be named; name changes are possible.
• Register entries have been expanded, including a new registration symbol “D”:

• Deferred publication remains available.

Impact: the result is a simplified application process, especially for product families or digital designs.

Fees and costs

Refunds are now possible upon withdrawal of the application (similar to EU trade marks).

Increased renewal fees

Renewal fees have been increased as follows:

• 1st renewal: EUR 150.
• 2nd renewal: EUR 250.
• 3rd renewal: EUR 400.
• 4th renewal: EUR 700.

No fees for:

• Transfer of designs.
• Changes to licences, security rights or insolvency entries.

Impact 

Businesses should reassess their design protection budgets, especially for long-term portfolios.

The alignment of procedural rules with those of EU trade mark law - such as the refund of fees upon withdrawal and the clarification of the remedy of restitutio in integrum - enhances consistency across IP rights and simplifies portfolio management for rights holders.

Examination of invalidity applications

Under the reforms, expired or surrendered designs can be invalidated if a “legitimate interest” is demonstrated.

EUIPO decisions can have binding effect (that is, the principle of res judicata applies).

New examination standards

The following changes apply:

• Only the submitted representation is relevant.
• Priority effects have been clarified.
• Copyright infringement is assessed, but not novelty or individual character.

Impact: 

These changes have the following implications:

• There is now greater legal certainty and more strategic options in relation to disputes.
• The ability to challenge expired or surrendered designs, based on legitimate interest, introduces a new strategic tool. This can be used, for example, to neutralise legacy rights that are still being enforced or cited in disputes, even after formal expiration of the registration.

Register operations and deadlines

Transfers are free of charge, with clear rules in ownership disputes.

Renewal deadlines

Renewal deadlines are as follows: 

• Basic period: 6 months before expiry.
• Grace period: 6 months after expiry (with surcharge).

Register inspection is now electronic only, and free of charge.

Impact: these changes allow businesses to leverage new digital tools for portfolio management.

Legislative framework and transparency

The previous fee regulation has been repealed.  Fee rules are now directly included in Annex I of the EUDR.  Future changes must go through the EU’s ordinary legislative procedure.

Impact: 

• The changes result in more transparency and predictability in fees, but less flexibility for short-term adjustments.
• Beyond procedural alignment, the reforms contribute to a more coherent EU IP framework. By harmonising terminology, fee structures and legal remedies across design and trade mark law, the reforms facilitate integrated portfolio strategies and cross-disciplinary enforcement. Such consistency is particularly valuable for businesses managing overlapping rights in branding, product design and digital assets.

Additional action points for businesses

In light of the changes, businesses should also consider the following additional steps:

• Review your design portfolio - especially regarding classes, designer details and renewal deadlines.
• Adjust internal processes - e.g., for filing, licensing and dispute resolution.
• Update budget planning: consider the new fee structure.
• Revise contracts and general terms: incorporate new terminology and legal framework.

Final observations

The entry into force of phase I of the Designs and Models Package marks a key milestone in the EU’s efforts to modernise its design law framework. 

Phase II, which will require implementation through national legislation, is scheduled to take effect on 1 July 2026. In conjunction with Directive (EU) 2024/2823 - to be transposed by Member States by 9 December 2027 - this second phase is expected to bring further substantial reforms, including changes to the rules governing design representation. 

These measures aim to ensure that EU design law remains resilient and responsive to ongoing technological and market developments.