On November 18, 2024, the EU Official Journal published the EU Design Legislation Reform Package. The relevant regulations will come into force on December 8, 2024, and member states will have 36 months to convert the regulations into domestic law. Amendments under the regulation will be implemented in stages. The first stage will take effect within 4 months after the regulations come into force, while the second stage will need to be implemented through secondary legislation in each country 18 months later.
In addition to replacing "Community" with "EU", some major changes include the expansion of the definition of design to "include movement, transition or any other type of animation of these features". Products have been updated to explicitly cover digital products, non-physical products, and "spatial arrangements intended to form an interior or exterior environment", such as the layout design of a store.
The rights conferred by industrial designs are now more consistent with the rights conferred by trademarks in EU countries, including now preventing counterfeit products from transiting through EU territory or customs, and the scope of exclusive rights conferred by designs has been adjusted and extended to 3D printing. Some repair clauses for spare parts, such as spare parts for some complex products, do not enjoy EU design protection if they are only used for repair purposes aimed at restoring the original appearance of the product and the appearance of the spare parts depends on the appearance of the complex product.
In addition, everyone can display the design notice on their products (Ⓓ), the restriction on applying for multiple designs for products in the same Locarno category has been removed, and applicants can submit up to 50 designs in the same application, regardless of the required Locarno category.
Many changes in this revision of the law bring EU design rights and EU trademarks more closely together.
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