Beyond the legal jargon: How the new EU design law will shape innovation and industry
Introduction
The recent overhaul of EU design law has been widely reported in recent months, with key amendments to the European Union Design Regulation (EUDR) taking effect today, on 1 May 2025. In our previous Law-Now updates (available here and here) we outlined the most notable legal reforms introduced by the new EU Designs Directive and the EUDR. In this article, we focus on what truly matters—how these changes will impact businesses in practice.
From broader protection for digital and animated designs to enhanced enforcement mechanisms against counterfeit goods, these reforms will significantly influence industries such as technology, fashion, and the automotive sector. Below, we explore the most impactful changes through real-world industry scenarios.
- Expansion of 'Product' Definition to Cover Non-Physical Items
The Win for the Industry - The revised definition of a ‘product’ (which can qualify for design protection) now expressly includes digital elements such as graphical user interfaces (GUIs), opening new possibilities for design protection in the tech sector.
Example from the Technology Sector – Protecting Graphical User Interfaces (GUIs):
A smartwatch manufacturer can now register its unique GUI, including the layout, icons, and interactive elements, as a protected design under EU law. Previously, the EU design protection of digital interfaces was uncertain and uncodified, but with this change, companies can be more confident that they will be able to secure protection for the distinct visual elements of their software, preventing imitation by competitors.
- Broader Definition of 'Design' to Cover Animation
The Win for Industry: The express inclusion of animated elements, movement and transition within the scope of design protection means that businesses will have greater opportunities to safeguard transitions, dynamic effects, and interactive elements. Examination practice will evolve to accommodate applications for animated design sequences that might previously have been refused for amounting to several different designs.
Example from the Technology Sector – Safeguarding Animated App Interfaces:
A fintech company developing a banking app can now register the unique animated transitions it employs, such as the way financial data expands and contracts on-screen. This prevents competitors from replicating key visual and functional aspects of the app's user experience.
- Stricter Enforcement Against Digital Infringement
The Win for Industry: The new law prohibits not only the production of infringing designs but also the creation, sharing, and distribution of digital files used to replicate protected designs.
Example from the Fashion Industry – Preventing Unauthorized Distribution of 3D-Printed Designs:
A luxury brand finds that unauthorized 3D-printing files of its signature handbag clasp are circulating online. Under the new law, the company can now take legal action against both the distributors and those sharing these files, preventing counterfeit production before it reaches consumers.
- The 'Repair Clause' Becomes a Permanent Provision
The Shift for Industry: The new repair clause clarifies that spare parts used to restore the original appearance of a complex product are exempt from design protection, increasing competition in the aftermarket sector.
Example from the Automotive Industry – Open Market for Identical Car Body Parts:
A premium car manufacturer that previously enforced its design rights against independent suppliers making identical replacement bumpers can no longer do so. As long as the replacement parts are used exclusively for repair purposes, third-party manufacturers can legally produce and sell them, reducing costs for consumers.
- Removal of the 'Visibility' Requirement
The Win for Industry: Designs no longer need to be visible during normal use to qualify for protection, allowing businesses to safeguard previously overlooked elements.
Example from the Automotive Sector – Protection for Hidden Aerodynamic Features:
A high-performance automotive company can now protect the design of underbody aerodynamic panels, ensuring that competitors cannot copy the appearance of their proprietary airflow-enhancing technology, even though these features are not visible in everyday use.
- Simplified Design Applications Through Removal of 'Unity of Class'
The Win for Industry: Companies can now file a single design application covering multiple categories, significantly reducing administrative burdens.
Example from the Technology Sector – Streamlined Filing for Digital and Physical Products: A consumer electronics company launching a smartwatch, wireless earbuds, charging dock, and an integrated digital interface can now register up to 50 designs and design variations in one application, rather than filing separately for each product category.
- New Cultural Heritage Protections
The Watch-Out for Industry: EU Member States may refuse design registrations that misappropriate cultural heritage elements of national significance.
Example from the Technology Sector – Use of Traditional Symbols in GUI Design: A navigation app integrating historic national emblems into its interface may be required to revise its design if an EU Member State determines that these elements inappropriately appropriate national cultural heritage.
- Strengthened Measures Against Counterfeit Goods in Transit
The Win for Industry: Customs authorities can now seize counterfeit goods passing through the EU, even if they are not intended for sale within the EU bloc.
Example from the Fashion Industry – Stopping Fake Designer Goods in Transit:
A luxury fashion brand can now intercept counterfeit handbags being transported through an EU airport en route to another market, preventing fakes from reaching global consumers.
- Expansion of Unregistered Community Design Rights
The (Potential) Win for Industry: The revised text of the EUDR suggests that companies no longer need to ‘first disclose’ a design within the territory of EU to qualify for Unregistered Community Design (UCD) protection. This would mean that a design can now be protected as a UCD even if it was first disclosed outside the EU, provided that disclosure could ‘reasonably become known’ to the relevant trade circles in the EU. This principle has not yet been tested in the EU courts but marks a step towards a more permissive ‘first disclosure’ rule.
Example from the Fashion Industry – Ensuring Runway Designs Are Protected Across Jurisdictions:
A British fashion brand showcasing its collection at London Fashion Week could potentially secure EU design protection by livestreaming the event on an EU-based platform, ensuring that its designs are protected by both UK and EU unregistered design rights, preventing fast-fashion retailers from immediate replication.
Streamlining of filing fees
There is now a single application fee that consolidates the previous registration and publication fees into one. Additionally, for multiple design applications, the fee for each additional design will be €125 regardless of the total number of additional designs filed on a single form, under a new flat fee system which will make fees easier to calculate.
Design owners should, however, take note of the substantial increases in design renewal fees which take effect for renewal requests filed from 1 May 2025 onwards. The new fee structure is summarised in our recent EU Designs Practice Alert, here.
Implementation Timeline
The new EU Design Directive (2024/2823) and EU Design Regulation (2024/2822) came into force on 8 December 2024. However, implementation will take place in stages:
- Phase 1 (1 May 2025): Some amendments will apply;
- Phase 2 (1 July 2026): Additional amendments introduced by secondary legislation will come into effect;
- Directive Implementation Deadline (9 December 2027): EU Member States must integrate the directive into national laws.
Conclusion
These changes mark a significant shift in EU design law, expanding the scope of protection for digital and animated designs, simplifying application processes, and strengthening enforcement against counterfeiting and digital piracy. While the reforms create new opportunities for businesses to safeguard their innovations, they also introduce challenges, such as cultural heritage restrictions and the permanent repair clause. Companies should proactively assess their design portfolios and adapt their IP strategies to leverage these new protections while mitigating potential risks. In an increasingly competitive global market, taking advantage of these enhanced design rights will be key to maintaining a strong brand identity and securing long-term innovation.
For more information and guidance, please get in touch with the CMS Design Law Team.
