Design is crucial to business competitiveness. EU legislation, comprising Directive 98/71/EC and Regulation (EC) No 6/2002, has remained without significant changes since 2006. In response to the need to adapt to the digital age, the EU Council called for a review, the entry into force of which was expected for early 2025.

Key Innovations in the Regulation

Expansion of the Definition of “Design”: The Commission’s initial proposal has been revised and now includes not only the physical appearance of products, but also non-physical elements such as animations and digital transitions. This reflects the evolution of design in the digital era, where products are not always tangible. It allows for the protection of digital goods, such as virtual designs in the Metaverse. Furthermore, registered designs will be identified with the letter D in a circle, similar to the copyright symbol.

Repair Clause: One of the most significant new features is the introduction of the repair clause. Under this clause, design protection will not be granted to parts that constitute a component of a complex product when their sole purpose is repair in order to restore the original appearance of the product. This implies a harmonisation in design protection, particularly relevant for the automotive industry and other consumer durables sectors.