Deal on updated rules on EU design

Make EU design system ready for digital technologies such as 3D printing supported by AI

Motivate individual designers and SMEs to protect their designs

Phasing out design protection for spare parts

Revamped EU design package aims to modernise existing design protection system, make it fit for the digital age and for the open spare parts market.

Negotiators of the Legal Affairs Committee struck a deal with EU governments on Tuesday on the update of the regulation and a directive ensuring accessible and affordable design protection in the EU. This legislative package aims to prepare EU design protection scheme for the emergence of new digital technologies such as 3D printing, also supported by artificial intelligence. Therefore not only physical objects will be eligible for design protection but also those visualised in a graphic or apparent from the spatial arrangement of items including fonts, logos, maps or animations. Negotiators agreed that registration of the design could be refused, if it reproduces elements of cultural heritage, as defined by the UNESCO, such as traditional costumes, artefacts, natural or cultural monuments or sites.

Design protection fees adjusted

Registered EU design will be protected for five years and this protection can be renewed by five-year periods for maximum total length of 25 years. Negotiators agreed on the headline registration fee to be 350 euro and they also adjusted prices of renewal fees to motivate individual designers and small and medium-sized enterprises (SMEs) to protect their designs. To strengthen legal certainty, MEPs ensured that certain powers of the executive director of the European Union Intellectual Property Office (EUIPO), the institution managing the protection of EU designs, would be better framed, such as allowing the director to require less documentation from applicants respecting the principle of equal treatment.

Single market in repair spare parts

Negotiators agreed to approximate design protection laws of member states to ensure fair competition and smooth functioning of the internal market when it comes to repair of products. Design of components of complex products will not be protected by EU design if they are used for the repair just to restore the original appearance of the product. MEPs ensured that this will only be possible if consumers are appropriately informed about the identity of the producer and commercial origin of the repair product. They insist that the consumers will thus be able to make an informed choice between competing repair products. According to the new rules, EU countries still protecting design of spare parts will have to withdraw that protection. MEPs negotiated shortening of related transitional period to eight years instead of ten.

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“We have reached a good compromise despite difficult negotiations. The European Parliament was able to defend its mandate on most of the open points and ensured that the new legislation will modernise the design protection in the EU and make it ready for digital challenges,” said lead MEP Gilles Lebreton (ID, FR) following the negotiations.

Background

In reaction to the European Parliament resolution from November 2021, the Commission submitted a proposal in November 2022 to update a regulation on community designs and a related directive on the legal protection of designs. The aim is to encourage design innovation in the digital age and make the process of protecting design rights more accessible and efficient while ensuring approximation of national design systems and finalisation of the single market in repair spare parts.

Next steps

The legislation now requires formal approval by the European Parliament plenary and the member states before it can enter into force.