Everything you need to know to protect your designs and models in 2025.
Given the importance of designs and models, and with the aim of modernizing legislation, facilitating registration, and harmonizing national and EU rules and procedures, the Council and the European Parliament are modifying their protection regulations.
When will the new regulations be implemented?
The Regulation will be applicable throughout the EU upon entry into force (estimated date: February 2025). Member States will have 36 months to adopt measures.
THE REGULATIONS IN 10 POINTS:
Main modifications and how they affect the protection of your designs and models:
1. NEW NAME: Designs and models registered in a multiple application will be called (REUD), while unregistered European designs will be called (UEUD).
2. MORE DESIGNS IN A SINGLE APPLICATION: More designs can be added by eliminating the “unity of class” requirement, with a maximum of 50 designs per multiple application.
3. NEW FEATURES IN FILING: The option to submit a physical sample to represent the design has been eliminated.
Applications can be submitted in video format representing an animated sequence, instead of individual frames.
Designs that are not visible in everyday use may be protected, except when they are part of complex products and cannot be visualized once assembled. 4. NOTIFICATIONS AND COST: Registration offices will notify expiry dates of protection. Protection fees for designs and models at EU level are increased.
5. NEW “PRODUCTS” FOR DESIGNS: Product designs such as packaging, sets of articles, clothing, spatial arrangements for interior environments, graphic works, 2D symbols, logos, surface patterns, typographic characters, and graphic interfaces are protected. Objects in digital form such as animations are also included. Elements of cultural heritage of national interest will not be protectable.
6. DIGITAL DESIGNS: Protection is permitted for digital designs such as those present in the metaverse, NFTs, graphical user interfaces (GUIs), and CAD files for 3D printing.
7. USE: Design protection covers creation, downloading, copying, sharing, or distribution on any digital medium or computer program. Use for the purposes of commentary, criticism, and parody is permitted, provided that legal business practices are respected.
8. PROTECTION: The holder may indicate that their design is registered by displaying the letter “D” within a circle on any product that incorporates or displays the registered design.
9. INVALIDITY: Member States must establish administrative invalidity procedures for registered designs.
10. SPECIFIC CLAUSE “REPLACEMENT PARTS”: There will be no protection for replacement parts identical to the original, the purpose of which is to repair a complex product and restore its original appearance. This seeks to liberalize the market and reduce costs for consumers.
Visual appearance is key to consumer choice, providing:
• A competitive advantage over other producers.
• Improved economic returns.
• Increased business and product value.
For this reason, strong protection against copying or imitation is essential.
