1st July 2026: the New EU Design System is Fully Operational!
The reform of the European Union design system has been a legal reality since the entry into force on 8 December 2024 of Regulation (EU) n°2024/2822 of the European Parliament and of the Council of 23 October 2024 amending Regulation (EC) n° 6/2002. This text provided for the deferred application of most of its provisions until the 1st of May 2025 and of certain others until the 1st of July 2026.
A codified version contained in Regulation (EU) 2026/715 of the European Parliament and of the Council of 11 March 2026 on European Union designs will enter into force on the 1st of July 2026 and will repeal Regulation (EC) No. 6/2002. It will be supplemented by Commission Implementing Regulation (EU) 2026/138 of 15 January 2026, which entered into force on 8 April 2026 and applies from the 1st of July 2026.
The changes provided for by this reform are being phased in over time. An update is useful for users of the system.
Measures applicable since the 1st of May 2025
Certain amendments have already been in force since the 1st of May 2025, in particular:
- the new term ‘European Union design’,
- broadening of the definition of designs to include, in particular, movements, transitions or any other type of animation,
- extension of the concept of subject matter to non-physical products,
- renewal deadline on the anniversary date and new applicable fees,
- provisions relating to 3D printing (creation, downloading, making available of files enabling the reproduction of a protected product),
- new exceptions to the rights of the holder (commentary, criticism, parody, illustration, etc.),
- a provision regarding the repair of parts of a complex product.
Measures applicable from the 1st of July 2026
The European legislator has postponed the effective implementation of a second set of measures until the 1st of July 2026.
Representation of the design
This representation must be sufficiently clear and precise to enable the subject matter for which protection is sought to be identified.
Regarding animated designs, the Regulation permits, in principle, the use of ‘any appropriate means, using generally available technologies, including video, computer imaging or computer modelling’.
In practice, the Regulation refers to the competence of the Executive Director of the EUIPO to determine: the method of numbering the various views in the case of representation by static views, the formats and size of an electronic file, as well as any other relevant technical specifications. Furthermore, if the representation involves identifying an element for which no protection is sought by means of certain types of visual exclusions or by filing specific types of views, the Executive Director may decide that additional types of visual exclusions and specific types of views shall be permitted.
The Executive Director of EUIPO has not yet taken a decision. In addition to JPEG files for 2D representations and OBJ, STL and X3D files for 3D representations, the MP4 format should be added for animated designs, as is already accepted for multimedia trademarks. Furthermore, given the wider variety of designs now eligible for protection, an increase in the maximum number of static views currently permitted would be welcome.
In the meantime, it is not too early to identify animated or digital designs that may be eligible for protection!
New rules applicable to the deferral of publication
The logic of the mechanism has been reversed. Previously, future publication depended on the subsequent payment of the publication fee, which was essential for disclosure. Now, publication is already covered by the single filing fee. The separate publication fee has been abolished and the design is published automatically at the end of the deferment period, unless the holder explicitly waives this right before the expiry of the deferment period. As well as requiring greater vigilance on the part of the holder, this mechanism generally increases the filing cost for holders requesting deferment.
Multiple applications for designs
Previously, several designs could be included in a single application for registration provided they belonged to the same class of the Locarno Classification. No maximum number was specified. The reform removes this ‘unity of class’ requirement and imposes a maximum of 50 designs per application. Regarding the costs, the structure and amount of the fees have been amended: the sliding-scale fee structure from the 11th design onwards has been replaced by a single flat-rate fee per additional design. In practice, for up to 20 designs, the reform is neutral or favourable to the applicant. From 21 designs onwards, the new system becomes more expensive.
Examination of the application for registration – new ground for refusal
To be valid, a design must not constitute an improper use of an element protected by Article 6ter of the Paris Convention, or other signs, emblems and coats of arms which are of particular public interest to a Member State. From now on, this condition will be examined by the EUIPO and may constitute grounds for rejecting the application.
Amendment of the representation of the design
The reform introduces this option to make amendments, which may be made in response to a notification of irregularities but also ‘at any time’ during the registration of the design. However, it may only relate to ‘insignificant details’. This option is welcome for resolving minor discrepancies between views but will not allow for corrections that would affect the scope of the design’s protection. This amendment will require the payment of a fee of EUR 200 per amendment request.
Assignment of a design requiring a written agreement
The assignment of a design now requires a written agreement signed by the parties, failing which it is void. This written document is required to register the assignment in the register, unless the registration is requested by the recorded holder. Consequently, the assignee will not be able to apply for registration if it is unable to provide the document evidencing the assignment. This enhances the security of the recordal, a crucial step as it is essential for the assignee to be able to assert the rights arising from the design registration. The fee for recording an assignment has been abolished. The requirement for the assignment to be in writing also applies to the assignment of an application for a design registration, bearing in mind that the recordal can only take place once the design has been registered.
Grounds for invalidity proceedings that may be raised against holders of prior rights
The reform introduces two grounds preventing the holder of a prior right (design, trade mark, copyright-protected work) from bringing an action for a declaration of invalidity of a design: i) if it has expressly consented to the registration of the EU design before bringing an action for invalidity, or ii) if it has previously filed an application for invalidity of a design or a counterclaim in an infringement action, it may not file a new application for a declaration of invalidity or a new counterclaim based on any other rights which it could have invoked in support of that previous proceeding.
These provisions are intended to reduce disputes; however, their implementation may lead to uncertainty or even legal insecurity, which could give rise to litigation. In the meantime, the utmost caution is required when drafting coexistence agreements or other types of consent granted to third parties.
Conclusion
The European Union design, as resulting from the ‘Design Package’ reform, will therefore be fully operational from the 1st of July 2026. The reform is now proceeding at national level: Directive (EU) 2024/2823 of the European Parliament and of the Council of 23 October 2024 on the legal protection of designs entered into force on 8 December 2024, but for its provisions to take effect in the Member States, they must be transposed into national law by 9 December 2027. Major changes to French design law are yet to come!