On 15 January 2026, the European Commission formally adopted two secondary legislative acts concerning EU designs – Commission Implementing Regulation (EU) 2026/138 and Commission Delegated Regulation (EU) 2026/137. The two regulations were published in the Official Journal of the European Union on 19 March 2026, marking another key step forward in the modernisation of the EU design legal framework.
The new rules introduce systematic updates to core procedures including design applications, registrations and invalidity proceedings, responding fully to the new demands of design protection in the digital age.
Implementing Regulation: Practical Rules for Application and Registration
This Implementing Regulation sets out detailed, operable rules concerning the submission, examination, publication and fees of EU design applications.
Representation of designs has been significantly expanded. The Regulation explicitly provides that designs may be represented in static, dynamic or animated form using generally available technology, including drawings, photographs, videos, computer-generated images and computer modelling. All views shall be consistent and together define the scope of protection; elements not intended to be protected shall be indicated by a visual disclaimer.
Priority claim procedures have been simplified. An applicant claiming priority is only required to submit a copy of the earlier application; for exhibition priority, the applicant must declare the name of the exhibition and the date of first disclosure, and provide a certificate from the competent authority of the exhibition location.
Registration publication and registration certificates have been digitalised. Taking into account the characteristics of dynamic or animated representations, the Regulation allows the EUIPO to publish designs by electronic means, and the design representation in the registration certificate may be provided by way of electronic access to the file.
Amendments to non-essential details of the representation of a registered design may be requested by the right holder in accordance with the rules.
Maximum procedural costs have been formally set. The maximum recoverable costs of representation before the EUIPO are set at EUR 450 for invalidity proceedings and EUR 550 for appeal proceedings; where oral proceedings have taken place, an additional EUR 400 may be recovered.
In addition, the EUIPO’s official journal may be published in any electronic form, and certain decisions in invalidity proceedings may be taken by a single member.
Delegated Regulation: Comprehensive Harmonisation of Procedural Rules
The Delegated Regulation focuses on the general procedural rules for design proceedings and seeks the maximum possible alignment with EU trade mark procedures.
The content requirements for invalidity applications have been made more complete. The applicant must provide the registration number and name of the holder of the contested design, the legal grounds relied upon, a statement of facts and evidence in support, and the applicant’s identification information. Where the invalidity application is based on an earlier trade mark, the Regulation confirms the existing practice of the EUIPO to request proof of use.
A "fast track" for invalidity has been introduced. Given that EU designs are not subject to substantive examination prior to registration, and in order to enable the efficient removal of unlawfully registered designs, the Regulation provides that the Office shall rule on invalidity as a matter of priority where the holder of the contested design does not contest the grounds or the relief sought.
Appeal and other procedural rules are aligned with the trade mark system. The Regulation explicitly provides that the relevant provisions of Delegated Regulation (EU) 2018/625 concerning proceedings before the Boards of Appeal, oral proceedings, taking of evidence, and suspension of proceedings shall apply mutatis mutandis to design proceedings, ensuring consistency of procedural rules across the two areas of the EUIPO’s competence.
Effective Date and Transitional Arrangements
Both Regulations apply from 1 July 2026. Proceedings initiated before that date shall remain subject to the previous regulation until their conclusion.
The new rules significantly broaden the forms of protection, simplify application procedures and optimise invalidity proceedings, providing innovators with a more efficient and predictable legal environment
Source: https://intellectual-property-helpdesk.ec.europa.eu/news-events/news/eu-adopts-eu-design-implementing-delegated-regulations-2026-03-24_en
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