On 18 November 2024, the new EU design legislation package was published in the Official Journal of the European Union, containing the Amending Regulation (Regulation (EU) 2024/2822 of the European Parliament and of the Council amending Council Regulation (EC) No 6/2002 on Community designs and repealing Commission Regulation (EC) No 2246/2002) and the Recast Directive (Directive (EU) 2024/2823 of the European Parliament and of the Council of 23 October 2024 on the legal protection of designs (recast)).
The Amending Regulation enters into force on the twentieth day following its publication in the Official Journal of the European Union (i.e.,8 December, 2024), but the amendments it contains will start applying in two phases.
Phase 1
Some amendments will apply as from the first day of the month following 4 months after the date of entry into force of the Amending Regulation, which is 1 May, 2025.
Phase 2
Other amendments, including those brought about by the secondary legislation (Implementing and Delegated Regulations) will apply as from the first day of the month following 18 months after the date of entry into force of the Amending Regulation, which is 1 July, 2026.
The Designs Directive will enter into force together with the Amending Regulation. Member States will have 36 months to transpose it into their national laws.
Main areas of change Phase I
Terminology and structural changes
Community design becomes European Union design (EU design or EUD)
Community design court becomes EU design court
The Community Design Regulation becomes The European Union Design Regulation (EUDR)
The Fees Regulation is incorporated as Annex 1 of the EUDR
The elimination or redistribution of articles across the Regulation to align with the structure of EU Trade Mark Regulation
Substantive changes
The EU design legislative reform represents a significant modernization of the design protection framework, aligning it with current technologies and economic realities. It enhances legal certainty, reduces complexity, and expands the accessibility of design rights, which will greatly benefit creators and businesses across Europe.
Information source: https://www.euipo.europa.eu/en/designs/design-reform-hub