In mid-October, the Council of the European Union approved two legislative acts within the EU design package: an updated directive on the legal protection of designs and an amended regulation on European Union designs. This is the last step in the decision-making procedure within the EU and is therefore now relevant for businesses and stakeholders to start engaging with.
These updates bring the previous twenty-year-old design legislation up to date so that it provides better protection for industrial designs in a world that’s been changed massively by AI, digital design, and 3D printing.
The new legislation will also streamline and reduce costs associated with the design registration process at the EU level, aligning procedures between national and European systems. Additionally, the directive will introduce a ‘repair clause’. This exempts spare parts used for repairing complex products, for example those used in the automotive sector, from design protection.
The main goals of the package include:
- Updating the regulatory framework to simplify the system, making it more accessible and efficient.
- Adapting EU design protection to emerging technologies, including the metaverse and 3D printing, with support from artificial intelligence.
- Aligning the EU design protection system with the trademark system, enabling design holders to prevent the entry of infringing goods into the EU.
- Permitting the reproduction of original designs for the repair of complex products.
WHAT DOES THE NEW EU DESIGN PACKAGE MEAN FOR YOUR BUSINESS?
1. Expanded definitions of 'design' and 'product'
Design will include not only the appearance of whole or part of a product but also “the movement, transition, or any other sort of animation of those features” (Article 2 about definitions).
The new definition of ‘product’ includes all industrial and handmade items in both physical and digital forms (such as virtual designs in the metaverse). It explicitly covers elements like graphical user interfaces and interior or exterior environments, such as store layouts.
Also, the scope of design rights now explicitly includes protection against unauthorised 3D printing. It clarifies that design infringement occurs if a design’s digital file or software is downloaded, copied, shared, or distributed for the purpose of creating a product covered by that design.
2. Simplified registration and protection
For businesses, the updated design package means simpler and more flexible filing options. While a clear representation of the design is required during registration (including 3D images or videos if needed), design features don't need to be visible at all times to qualify for protection.
The updated legislation also empowers registered design holders to block counterfeit goods in transit through the EU, even if they aren't intended for the EU market. This added control strengthens protections against counterfeit imports, further securing design rights.
WHAT IS THE NEXT STEP?
By understanding and adapting to these changes, companies can better safeguard their intellectual property and leverage the benefits of the new legal framework. The new directive will be published in the EU's Official Journal and take effect 20 days later. Member States will have 36 months to incorporate it into national laws, so companies and designers need to start preparing themselves.
If you would like to discuss how the EU’s new design package affects your business, please contact us today.
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