EU designs: the new European regulatory framework is now fully applicable.

The European Union’s new regulatory framework on the protection of designs has been fully operational since 1 July 2026. The reform, the most comprehensive undertaken in the sector for over twenty years, aims to make the system more modern, accessible and suited to the development of digital products and new technologies.

The new framework is based on Regulation (EU) 2026/715 on European Union designs, which brings together the applicable rules in a single codified text, supplemented by the new delegated and implementing regulations relating to proceedings before the EUIPO. The European reform also includes Directive (EU) 2024/2823, which must be transposed by Member States by 9 December 2027 to further harmonise national systems.

The definition of a design has been broadened to expressly include animations, movements and transitions. The concept of a product now also encompasses elements not incorporated into physical objects, such as graphical user interfaces, digital products and spatial arrangements of elements. Protection is thus adapted to cover applications, virtual environments, animated icons and other creations lacking a traditional material form.

The procedures for filing and representation have also changed. Applications for EU design registration must be filed directly with the EUIPO and no longer via national industrial property offices. The new system also allows for forms of representation better suited to dynamic and digital products, moving beyond a model based predominantly on static images. Procedures have also been simplified for multiple applications. It is no longer necessary for all designs included in the same application to belong to the same class of the Locarno Classification, offering greater flexibility for businesses wishing to protect collections or complex product portfolios.

The reform also strengthens protection against new forms of counterfeiting. The proprietor may take action against the creation, downloading, copying and sharing of files or software containing the protected design, intended to enable the reproduction of a product using technologies such as 3D printing. A specific exception has also been introduced for acts carried out for the purposes of reference, criticism, commentary, parody or teaching, provided that they are consistent with fair commercial practices and do not unduly prejudice the normal exploitation of the design.

Visually, right holders may use the symbol Ⓓ to indicate that the product is protected as a registered European Union design. This indication is not a condition for protection, but may help third parties to recognise the right.