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Check list for key aspects of the new design system

Jan 17, 2025

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    Paula de Andrés Gómez

    Paula is an IP expert focused on protecting the results of creative work. With over a decade of experience related to design rights, she is a seasoned and versatile professional who specializes in design and brand protection. Paula understands the business objectives of industrial design and is tuned in to the designer’s standpoint. She is the head of our office in Alicante, Spain, and she has more than 20 years of experience in the field of IP and copyright. Paula is also qualified to represent our clients before the EUIPO.

    Are you ready for the extensive changes to the European design system that will shape the future of design protection? Significant changes are underway in the European design system, presenting new opportunities for businesses. The introduction of the EU Design Reform brings modernized and simplified rules for design protection that will affect businesses and designers alike.

    What is the new European design system?

    The regulation entered into force on 8 December 2024 and it will apply throughout the EU from 1 May 2025. This legislative reform aims to modernize and simplify the legal framework for design protection, ensuring it is fit for the digital age.

    Impact on businesses and designers

    The new EU Design Reform includes several updates that businesses and designers need to consider. Here are some of the key changes:

    New definitions:

    • Broader Definition of Design: Now includes animation, movement, and transition.
    • Updated Definition of Product: A product can now be embodied in a physical object or materialize in a non-physical object.

    EU designs:

    • Registered Community Designs (RCDs) will now be referred to as European Union Designs (EUDs).
    • Holders of EUDs can use a ©™-style "D in a circle" mark on their products, similar to trademarks.

    Visibility requirement:

    • Design elements do not need to be visible to gain protection unless they are component parts of complex products.

    Unity requirement abolished:

    • Locarno Classes will no longer restrict the designs included in the same application.
    • From 1 May 2025, it will be possible to file multiple designs in a single application, even if they belong to different Locarno classes.
    • A limit of 50 designs per application is introduced.

    Repair clause:

    • Component parts of complex products used solely for repair to restore the product's original appearance will no longer receive design protection.

    Changes in fees:

    • Fee structures have been updated: some fees have decreased, others increased, and new fees have been introduced. More detailed information will be covered in the webinar.

    3D printing:

    • Design holders can now prohibit acts that enable copies of designs to be made using 3D printing technologies. This includes creating, downloading, copying, and distributing digital mediums or software intended to reproduce the design.

     

    For a deeper dive into this topic, join our webinar, where our experts will discuss the key aspects of these changes. Register here: https://www.berggren.eu/en/webinar-key-aspects-of-the-new-european-design-system to secure your spot.

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