EU Design Legislation Reform - Phase 2 comes into effect
Following on from our review in April last year of Phase 1 of the European Design Regulation (EC) No. 6/2002 and Directive 98/71/EC this blog is a review of the changes that came into force on 1 July 2026 and comments on the further modifications expected to come into force in July 2027.
The objective of the reform is to modernize the Regulation to bring it more in line with current design practice. The new Regulation also aims to simplify the process of obtaining registration, improve legal certainty and make obtaining protection more affordable for applicants.
The second phase of the European design reform is largely focussed on making the process of registration and enforcement more user friendly and better aligned with technological developments.
The new European design framework comprises (i) the European Union Design Regulation (EUDR), (ii) the new delegated regulations setting out additional procedural rules (EUDDR) and (iii) the implementing regulation (EUDIR), setting out further details on application, registration and other aspects.
Key changes that came into effect on 1 July 2026 are:
- Product identification is now aligned with the Locarno Classification.
- Representations for animated designs may now be filed in new formats, including MP4 video-format and 3D CAD-based dynamic views using OBJ and STL files.
- The number of representations for each design has been increased from 7 to at least 10 – allowing applicants to more clearly define their designs.
- It will now be possible to correct minor errors or deficiencies in a representation.
- The process for invalidity proceedings has been updated to require applicants for invalidity to provide a reasoned statement and supporting evidence on filing.
- Multiple design applications may contain up to 50 designs, subject to a maximum file size of 200MB.
The acceptance of MP-4 video files could greatly improve protection for animated elements, such as graphic user interfaces, screen transitions, and animated icons, and also for products with moving components, which were previously represented by a series of static graphic representations. However, it may still be beneficial to file separate applications with static views of an animated design, to give the broadest scope of protection, and also to facilitate priority claims in countries where digital formats are not presently accepted. Similar to the thought given to filing representations in line drawings against photographs, an animated file may contain significantly more details than a line drawing and may alter the scope of protection afforded by the design registration.
Previously, a minor inconsistency between representations could not be corrected and the only way of addressing the error was to either delete a view from the application or divide the application into a plurality of applications. Now, provided that the correction is immaterial, it will be possible to correct minor errors, ensuring that all views of the design can be retained in the application and better defining the design.
Front-loading the invalidity process gives design holders a clearly picture of the case against them from the start, improving efficiency of the process and likely reducing costs for design holders.
Looking forward, from 9 December 2027, member states will be able to reject applications deemed to misuse symbols of public interest. Furthermore, improper registration or misappropriation of elements of cultural heritage that are of national interest may become a ground for refusal or invalidity.
If you have any queries regarding the changes or need any assistance with filing an EU Design application, please contact us.