More than twenty years after its adoption, design law in the European Union, resulting from Directive 98\/71\/EC of October 13, 1998 on the legal protection of designs and Regulation (EC) No. 6\/2002 of December 12, 2001 on Community designs, needed to be updated in order to modernize the system, make this type of protection more attractive, particularly for SMEs, and to reinforce consistency between the national and European systems.<\/p>\n
Following agreement between the Council and Parliament, two texts have been adopted. Published in the Official Journal of the EU on November 18, 2024, they came into force on December 8, 2024: Directive (EU) 2024\/2823 of the European Parliament and of the Council of October 23, 2024 on the legal protection of designs (recast) [1]<\/span><\/strong> and Regulation (EU) No. 2024\/2822 of the European Parliament and of the Council of October 23, 2024 amending Regulation (EC) No. 6\/2002 [2]<\/strong><\/span>.<\/p>\n The impact of Directive 2024\/2823 on the French design system is not yet imminent, as the transposition period runs until 9 December 2027. It is worth noting, however, that the French IPO has publicly stated that it will introduce an administrative invalidity procedure.<\/p>\n For now, the focus should be on the changes affecting EU designs, which are as follows:<\/p>\n Change of terminology and introduction of the \u24b9 symbol: <\/strong><\/span>Community design becomes European Union design. In addition, the holder of a Registered European Union Design (abbreviated as REUD) can now inform the public that its design is registered by affixing the \u24b9 symbol to the product concerned.<\/p>\n Updated definition of design and product, which now extends to: Integration of new technologies in representation methods: <\/strong><\/span>The methods of representing designs have been updated to include \u201cdynamic or animated\u201d reproductions using modern technologies such as video and computer modeling. However, the representation must remain sufficiently clear to define the object of protection, and only those features visible in the application will be protected.<\/p>\n More flexible filing rules:<\/strong><\/span>\u00a0Applicants may now file multi-class applications, including up to 50 designs falling under different Locarno classes. Additionally, there is no longer a limitation on the number of views – the previous cap of 7 views per design has been removed.<\/p>\n Deferment of publication:<\/span> <\/strong>The new regulation reverses the current system, requiring the applicants to actively request non-publication of designs they wish to keep confidential. Until now, publication had to be explicitly requested.<\/p>\n Possibility of amending views: <\/strong><\/span>The applicant may now amend the representation of the REUD) at any time, provided that the modifications concern only insignificant details.<\/p>\n Renewal deadline:<\/strong><\/span> The duration of protection for a REUD remains 25 years, with renewals required every 5 years. However, the renewal must now be completed no later than the filing anniversary date. The previous option to pay the renewal fee until the end of the corresponding calendar month has been removed.<\/p>\n Revised EUIPO fees:<\/strong> <\/span>Filing and publication fees are now merged (\u20ac350 for the first design, \u20ac125 for each additional design), with a surcharge for deferred publication. Renewal fees have increased significantly, rising from \u20ac540 to \u20ac1,500 for full 25-year protection. In contrast, fees related to recording transfers and cancellations have been abolished.<\/p>\n Extension of rights conferred by registration:<\/span> <\/strong>The creation, downloading, copying, sharing or distribution to others of any medium or software enabling the design to be recorded for the purpose of manufacturing a product is now prohibited. The aim of this measure is to better deal with issues associated with the growing use of 3D printing technologies. Limitation of rights conferred by registration: <\/strong><\/span>The regulation expands the list of permitted uses to: Repair clause:<\/strong> <\/span>The new regulation amends the exception to the rights of a design owner concerning spare parts for a complex product, in line with Directive (EU) 2024\/2823. From now on, the repair clause applies only to parts that \u201cmust match\u201d the appearance of the product, excluding parts that modify its appearance, such as car rims. In addition, the manufacturer or seller of the part must clearly indicate its commercial origin, but is not responsible for the use made by the consumer.<\/p>\n For more details on the reform<\/u><\/em><\/p>\n [1]<\/span><\/strong> Directive (EU) 2024\/2823 of the European Parliament and of the Council of 23 October 2024 on the legal protection of designs (recast)<\/p>\n https:\/\/eur-lex.europa.eu\/legal-content\/EN\/ALL\/?uri=CELEX%3A32024L2823<\/a><\/span><\/p>\n [2]<\/strong><\/span> Regulation (EU) No 2024\/2822 of the European Parliament and of the Council of 23 October 2024 amending Regulation (EC) No 6\/2002<\/p>\n
\n<\/strong><\/span>– movement, transition or any other sort of animation of those features;
\n– sets of articles, as well as spatial arrangements of items intended to form an interior or exterior environment, and parts intended to be assembled into a complex product;
\n– graphic works or symbols, logos, surface patterns, typographic typefaces, and graphical user interfaces<\/p>\n
\nIn addition, it will now be possible to prevent the transit of counterfeit products through EU territory, or their placement under another customs procedure. This measure, aligned with trademark law, is intended to strengthen the fight against counterfeiting.<\/p>\n
\n– Acts carried out for the purpose of identifying or referring to a product as that of the design right holder;
\n– Acts carried out for the purpose of comment, critique or parody.<\/p>\n