The introduction of the New Design Package represents a fundamental step for the European Union in modernizing the protection of industrial designs and models, thus responding to the challenges posed by new technologies such as the advent of 3D printing, artificial intelligence, the metaverse, and new methods of production and product use.
The reform in the field of designs and models consists of two main regulatory acts: EU Regulation 2024/2822 and EU Directive 2024/2823, both published in the Official Journal of the European Union on November 18, 2024.
Application Dates and purpose of the New Reform
The Regulation will be applicable from May 1, 2025, while Member States will have until December 9, 2027, to transpose the provisions of the Directive into their respective national laws.
It is therefore a phased process, which aims at a gradual adaptation of the European design protection system, with the goal of achieving greater harmonization and regulatory uniformity.
But what are the concrete objectives of the New Design Package?
There appear to be three main objectives.
First, it aims to modernize the legal framework of reference, adapting it to new technological and production realities. At the same time, it seeks to simplify access to the protection of designs and models, reducing bureaucratic obstacles.
Finally, the reform aims at the harmonization of the discipline among the various Member States.
The Most Significant Innovations
Among the terminological innovations, the term “Community design” is replaced by “European Union design”, in line with the linguistic and institutional evolution of the EU.
Furthermore, the symbol Ⓓ makes its appearance, designed to graphically identify a registered design, similar to the symbol ® for trademarks. The definition of “product” is also revised, overcoming the need for the object of the design or model to be incorporated into a physical object; purely digital elements can also obtain protection, marking a radical change from the traditional approach.
A significant innovation concerns the extension of the scope of protection to dynamic elements, often crucial in digital design and user interface. Movements, transitions, or animations can be registered as designs or models.
A new case of illicit use related to 3D printing is introduced. Acts such as the creation, downloading, copying, and sharing or distribution to others of any medium or software in which the design or model is registered can constitute a violation of the rights arising from the design or model.
This approach responds to the need to fight the improper use of designs in digital environments where reproduction is rapid and often difficult to monitor.
The Repair Clause
One of the most central aspects of the reform is undoubtedly that relating to the so-called repair clause. This reform clarifies the exception to the protection of designs and models for spare parts used for the repair of complex products, such as cars. In particular, the clause establishes that there is no protection for a design or model that constitutes a component of a complex product, if it is used exclusively to allow the repair of that product to restore its original appearance. This exception applies only for the purposes of repair, and the spare part must correspond to the appearance of the original part. The clause aims to counter the previous legal fragmentation for the protection of spare parts intended for repair, such as bumpers.
“Multiclass” Multiple Applications
Important changes also concern registration procedures. It is now possible to submit “multiclass” multiple applications, which include multiple designs even belonging to different product classes, up to a maximum of 50 per application.
This innovation represents an important acceleration for those who work with collections or diversified product lines, allowing for a more efficient management of protection.
Filing and Renewal Fees
Filing and renewal fees are revised: from the second renewal onwards, fees increase progressively, almost quadrupling at the fourth renewal.
An aspect that could create some difficulties especially for small and medium-sized enterprises, which will have to carefully assess the sustainability of prolonged protection over time.
The Importance of a Targeted Strategy
The New Design Package represents a great opportunity for European businesses as it provides more adequate and up-to-date tools for design protection.
However, this reform is not without challenges for entrepreneurs and professionals in the sector: the increase in costs and the growing complexity require a conscious strategy in the management of design portfolios, carefully evaluating what to protect, for how long, and with what market objectives.
In a European landscape where design is increasingly becoming a distinctive and competitive element, an effective strategy for design protection can make the difference.
To this end, however, correct information and support tools are needed, especially for smaller entities, which could find themselves in difficulty in an increasingly articulated system.
In this regard, we remind you that designs registered in Italy and the European Union are recognized as eligible rights to benefit from the incentives of the new Patent Box.
Antonella Letteriello