Introduction

As you may have heard, significant changes are on the horizon. The EU and the EUIPO are implementing substantial modifications to the current EU Design legislation and the EUIPO Design registration procedure.

Background and development

On April 1^st  2003 the EUIPO introduced the possibility of applying for “Registered Community Designs” (RCD). Some of the earliest registrations included diverse designs as an electronic calculator, trousers, cars, digital cameras, toys, and graphic symbols.

According to EUIPO statistics from 2024, the top 5 top application classes were:

1. 06 (Furnishing)

2. 02 (Articles of clothing and haberdashery)

3. 26 (Lighting apparatus)

4. 14 (Recording, telecommunication or data processing equipment)

5. 09 (Packaging and containers for the transport or handling of goods)

The leading countries of origin were China, Germany, Italy, USA and France.

The value of good design

In my early focus on design and its value to IP-driven companies I encountered a compelling article by the Danish Industrial Association. It highlighted that Danish companies incorporating ‘good’ design into its products and securing design protection demonstrated a substantially higher return on investment and revenue. Denmark is recognised as one of the most design-aware countries in Europe, a trend that has increasingly resonated globally. Integrating in the innovation process positively impacts a company’s bottom line.

When we discuss design, we often focus on the visual appeal of an artistically shaped base of a table, the arm rests of a chair or the sleek lines of a car’s fender. However, design is so much more. While aesthetics matter, the true value of good design lies in its ability to win customers and enhance market presence, ultimately supporting our client’s businesses.  

Strategic Considerations for Design Protection

We must leverage our knowledge in client interactions, understanding the environments where products will be used, consumer focus in relevant product categories, and market trends. While registrability does not hinge on trends, understanding them is crucial for providing the best advice on which aspects to protect and where to apply for registration. Moreover, we must also consider defensive registrations. If clients are aware of competitors who quickly produce design-arounds, we should guide them to secure their designs from the outset.

It is also important to remember that the sincerest form of flattery is imitation – in our world this translates as “pirate copies” of highly sought after, and often high-end, goods. Even if certain products are not expected to achieve high sales volumes, protecting reputations and quality can be worthwhile.

For clients with seasonal or rapidly changing products, we ensure they have well-documented unregistered design protection.

Many in product development still equate design solely with appearances. While aesthetics are part of our work, design is a holistic discipline involving emotional connections, user research, functional definition, innovation, usability testing, ergonomics, materials, and manufacturing. Today’s mature product designers excel across multiple disciplines, including experience design, interaction design, physical product design, and brand development.

Our Role as IP consultants

Through effective design protection, we help our clients secure market exclusivity, safeguard innovation and craftmanship and ultimately, protect their companies.

As consultants, our role extends beyond simple affirmation; we must challenge our clients with forward-thinking questions:

• Will this fit with other products used by the end consumer?
• Which aspects of the design align with consumer-driven development?
• Will this look the same in actual manufacturing?
• Are there design elements likely to migrate into future products?
• Do you anticipate competitors designing around your products?

The beauty of design protection lies in the fact that there is no requirement for a design to be manufactured or marketed. This flexibility is especially relevant in the EU, where new elements have been formally included in the new Design law.

While we should not encourage clients to seek protection for every variation, we should advocate for protecting designs rejected during the creative process or those perceived as potential future updates.

Good design is characterised by an acute awareness of the end consumer. Brands like BMW don’t just sell cars – they sell the joy of driving. Rolex offers more than just watches - they sell a high-end lifestyle. Similarly, companies like Apple and Coca-Cola leverage design appeal to command premium pricing and, in turn, higher revenue. It’s no surprise that many lifestyle brands are among the top design applicants*: Rieker, Nike, Bosch, Balmain, Samsung, Apple, LG.

*Source: EUIPO Top 10 Direct RCD applicants from 2010 to 2019.

Upcoming changes in EUIPO design registration

Timeline

The changes will be implemented in two phases:

• Phase One: Effective May 1^st, 2025
• Phase Two: Effective October 1^st, 2026 We will provide updates at a later stage.

What to know - Phase One

Many aspects of the first phase are primarily cosmetic, including:

• The term “Community design” will become “European Union design” (EU design or EUD).
•  “Registered Community Design” will change to “Registered EU Design (REUD)”.
• “Unregistered Community Design” will be referred to as “Unregistered EU Design” (UEUD).
• The Community design court will be rebranded as the EU design court
• The Community Design Regulation will become The European Union Design Regulation (EUDR)
• A new Fees Regulation will be introduced and included as Annex 1 of the EUDR.
• The fee structure will be amended to reflect these changes.

Substantial changes:

• The definition of "Design" will be updated to include animated designs, covering both movement and transitions.The introduction of the Ⓓ symbol for registered
• The definition “Product” will adapt to the digital age, encompassing non-physical items and various forms of design, including sets of articles and graphic works.

Rights and limitations:

• 3D Printing: The exclusive rights conferred by a design will extend to 3D printing, making the creation and distribution of designs infringing uses.
• Repair Clause: This permanent provision clarifies that design protection does not extend to spare parts used for the repair of complex products.

• Goods in Transit: Design right holders will be able to enforce their rights against counterfeit goods in transit within the EU.

Conclusion

The EUIPO's upcoming changes mark an exciting evolution in design registration, setting the stage for enhanced protection in our digital age. As your IP consultants, we're here to help you navigate these updates and maximize your design protections. By focusing on consumer needs and embracing good design, we can work together to secure your innovations and thrive in a competitive market. The future of design in the EU looks bright, and we're excited to support you on this journey.

The content of this article is intended to provide a general guide to the subject matter. Please reach out to us for advice about your specific circumstances. 

TAGS

• design protection
• EUIPO
• Innovation
• IPConsulting