Changes to the Community Design Regulation and new fee rates – what do you need to know?
On 18 November 2024, Regulation (EU) No 2024/2822 of the European Parliament and of the Council was published, which introduces changes to the existing Community Design Regulation (Council Regulation EC No 6/2002). Some of the provisions will take effect on 1 May 2025 and the rest on 1 July 2026.
EU industrial design – new nomenclature
Until now, businesses were able to register ‘Community designs’ within the European Union, but as a result of the need to adapt the terminology to the modern legal structure of the European Union, a new term, ‘EU industrial design’, has been introduced. Although this change is mainly symbolic, the amendment also introduces more significant modifications that are of real importance for entrepreneurs. Please find below the most important changes from our point of view.
Extended protection of digital designs
Until now, the Community Design Regulation mainly focused on the protection of designs related to tangible products, such as everyday objects, e.g. the appearance of a bicycle, a bathtub or shoes. However, with the development of digital technology, new types of designs emerged that had no material counterpart.
The amendment extends the scope of protection to include designs expressed in digital form, such as:
- graphics
- animations
- user interfaces
Protection will also extend to spatial arrangements of elements, which appear, for example, in interior designs.
The aim of these changes is to adapt the design protection system to modern technology and to enable the protection of new forms of creativity, which are increasingly important.
Design protection in the age of 3D printing
Developments in technology, such as 3D printing, have significantly changed the way products are designed and reproduced. Protection now extends not only to the tangible products themselves, but also to the digital files that enable their reproduction.
Creating, copying, downloading or sharing such files (for example 3D models) or computer software perpetuating an industrial design without the consent of the design owner will be considered an infringement.
The introduction of these provisions will better protect the rights of designers in the face of the rapid development of technologies, such as 3D printing, which enable the rapid and inexpensive copying of protected designs.
Introduction of a permanent repair clause
The amendment to the regulation introduces the so-called repair clause. It is an exception to industrial design protection that allows manufacturers and dealers of spare parts to manufacture and sell these parts even if their appearance is protected by an industrial design.
The condition is that the parts will only be used to repair complex products (e.g. cars) in order to restore their original appearance.
The purpose of this clause is to avoid a situation where the owner of the industrial design (e.g. a car manufacturer) could have a monopoly on spare parts. Such a situation could lead to artificially high prices or restrict access to cheaper substitutes.
Permitted forms of design exploitation
The amendment introduces an extension of the catalogue of permitted forms of use of industrial designs that do not infringe the rights of their owners. Previously, the rules allowed the use of a registered design for private, non-commercial purposes and for experimental or citation or teaching purposes.
The new legislation expands this catalogue to include the use of the design in comparative advertising and for commentary, criticism or parody. The condition is that these activities are compatible with fair trade practices and do not unduly prejudice the normal use of the design. The use of a registered EU design by third parties for the purpose of artistic expression is also allowed, as long as this is compatible with fair industrial and commercial practices.
Change in the rates of fees for the renewal of EU designs
The amended regulation introduces higher rates of fees for the renewal of EU designs. These will apply from 1 May 2025. The fee for the first renewal period will increase from €90 to €150, for the second period from €120 to €250, for the third period from €150 to €400 and for the fourth period from €180 to €700.
Design owners who submit renewal applications before 1 May 2025 will continue to benefit from the lower rates.
Industrial property law in practice – find out how the changes will affect your business
These are just some of the significant changes introduced by the amendment, which are of great importance from a practical point of view. As the deadline for the implementation of the new legislation approaches, we will certainly be returning to this topic to look at the details and their impact on practice. Therefore, we encourage you to sign up to our newsletter to keep up to date with the most important changes.
The changes to design protection introduce new challenges but also opportunities for businesses. The extension of protection to digital designs or the new fee rules require adequate preparation.
Our law firm, which specialises in industrial property law, offers support in the process of registering designs, conducting invalidation proceedings, as well as in trademark and copyright infringement cases. We assist our clients not only in the ongoing protection of their rights, but also in adapting to new regulations so that they can realise the full potential of their designs. We invite you to contact us.