The EU Design Law Reform

The EU design reform at a glance

The EU design reform is the first comprehensive modernisation of European design law since the early 2000s. It consists of two instruments published on 18 November 2024: Regulation (EU) 2024/2822, which amends the Community Design Regulation and renames the registered Community design the "registered EU design", and Directive (EU) 2024/2823, a recast of the directive harmonising national design laws. The Regulation has applied since 1 May 2025, with a second group of provisions applying from 1 July 2026.

Member States must transpose the Directive by 9 December 2027, which in Germany means amending the Design Act (Designgesetz, DesignG). The most debated element of the EU design reform is an EU-wide repair clause for spare parts.

For companies in automotive, consumer goods, furniture, fashion, electronics and software, the reform matters in three ways: it changes what can be protected (including digital and animated designs), it strengthens enforcement against 3D printing and transit of infringing goods, and it removes design protection for visible spare parts used for repair. Design-intensive businesses should review filing strategies and enforcement plans now, because the EU design reform affects both new filings and the value of existing portfolios.

What changes for registered EU designs

The Regulation modernises the EU design system administered by the EU Intellectual Property Office (EUIPO). Key changes include:

• Terminology: "Community designs" become "EU designs"; registered Community designs are now registered EU designs, and the unregistered right becomes the unregistered EU design.
• Definition of design and product: the definitions now expressly cover designs not embodied in a physical object, such as graphical user interfaces, virtual environments and digital products, and recognise that animation, movement or transition of features can contribute to the appearance.
• Representation: designs can be represented in any appropriate form, including video and 3D files, as long as the representation is clear and precise.
• Multiple applications: applications may combine up to 50 designs, without the previous requirement that products belong to the same Locarno class.
• Design notice: a symbol (a "D" in a circle) can be used to indicate a registered design.
• Fees: fees are set directly in the Regulation, with a restructured renewal fee system that becomes progressively more expensive.

Stronger enforcement: 3D printing and transit

The reform responds to new copying technologies. The rights conferred by a design now include the right to prevent the creation, downloading, copying and making available of any medium or software recording the design for the purpose of enabling a product to be made — aimed at 3D printing files. Right holders can also stop goods in transit through the EU — a frequent route for counterfeit consumer goods — that infringe a design, even if they are not released for free circulation, unless the declarant proves that the right holder has no right in the country of destination. Together with customs measures, this closes gaps that counterfeiters exploited. See our insight on anti-counterfeiting and border measures.

New limitations balance these rights: the use of designs for referential purposes, for comment, critique or parody, and for identification are expressly permitted under conditions, aligning design law with the treatment of trade marks and copyright exceptions.

The repair clause for spare parts

The most significant substantive change of the EU design reform is the repair clause. Under Article 19 of the Directive, design protection is not conferred on a registered design which constitutes a component part of a complex product, upon whose appearance the component part's design depends, and which is used for the sole purpose of repairing the complex product to restore its original appearance. The same principle applies to EU designs under the Regulation.

Typical examples are body panels, headlamps, windscreens and mirrors for cars, but the clause also affects household appliances, consumer electronics and other complex products with visible replacement parts. Parts that are not visible in normal use, or whose appearance is not dependent on the complex product, are outside the clause and remain protectable if they meet the general requirements.

The clause comes with conditions. It cannot be invoked by a manufacturer or seller that fails to inform consumers clearly about the commercial origin and identity of the manufacturer of the part, so that consumers can choose between competing products (Article 19(2)). Manufacturers and sellers are not required to guarantee that end users use the parts solely for repair (Article 19(3)).

Transitional rules and Germany's existing repair clause

Germany already introduced a repair clause into its Design Act in 2020 (§ 40a DesignG), which excludes protection for visible spare parts used solely for repair, subject to consumer information. It does not apply to designs applied for before 2 December 2020 (§ 73 DesignG). Under the Directive, Member States that protected spare-part designs on 8 December 2024 may continue to protect designs applied for before that date until 9 December 2032 at the latest (Article 19(4)). For German right holders and independent parts manufacturers, the practical effect is a gradual phase-out of protection for older designs and a harmonised rule across the EU.

Unregistered EU designs

The unregistered EU design remains an important tool, particularly for fashion and fast-moving consumer goods. It protects a design for three years from first disclosure within the EU against copying, without registration. The reform clarifies the conditions of disclosure and the scope of protection. Because protection depends on proving the date and content of first disclosure, companies should keep systematic records — dated catalogues, launch materials, trade fair documentation and online publications — for every new design. Where a design proves commercially successful, filing a registered EU design within the twelve-month grace period after disclosure preserves longer protection.

Invalidity, litigation and the role of courts

Registered EU designs are not examined for novelty or individual character before registration; their validity is tested in invalidity proceedings before the EUIPO or by counterclaim in infringement actions before EU design courts — in Germany, specialised regional courts. The reform harmonises national invalidity procedures: the Directive requires Member States to provide efficient and expeditious administrative invalidity proceedings at their IP offices, complementing court proceedings. For German design owners, this means invalidity attacks at the DPMA will follow EU-wide standards after transposition.

In infringement disputes, courts compare the overall impression of the challenged product with the protected design, taking into account the designer's degree of freedom. The new definitions and representation rules will influence how courts determine the scope of protection, especially for digital and animated designs. Owners should therefore choose representations carefully at filing: what is shown defines what is protected.

Interplay with copyright and unfair competition

Many products are protected by more than one right. Copyright can protect works of applied art if they are original — the Court of Justice has rejected a higher threshold for applied art than for other works — while design law protects appearance regardless of artistic quality but only for a limited term. Unfair competition law offers protection against imitations with competitive individuality where the copying is misleading or exploitative. After the EU design reform, a combined strategy remains the most robust way to protect product appearance.

German transposition

Germany must adapt the Design Act by 9 December 2027. Expected changes include alignment of definitions (digital designs, animation), the new rights against 3D printing files and transit, the new limitations for referential use and parody, the harmonised repair clause, and procedural rules for invalidity proceedings at the German Patent and Trade Mark Office (DPMA), which the Directive requires Member States to provide. Details such as the procedure for DPMA invalidity proceedings and the transitional rules depend on the German implementing legislation, which should be checked as it progresses through the legislative process before the 2027 deadline. Companies should plan for German law to mirror the EU design rules closely from 2028.

Strategy for design owners

1. Review filing strategy: use multiple applications without class restrictions, file digital and GUI designs with clear representations, and consider video or 3D files where they help define the design.
2. Budget for renewals: the new fee structure makes long-term maintenance more expensive; prune portfolios regularly.
3. Use the design notice where helpful to deter copying.
4. Prepare enforcement against digital copies: monitor platforms for 3D printing files and digital replicas.
5. Spare parts: reassess enforcement plans for visible spare parts and align distribution and pricing strategies with the repair clause.
6. Combine rights: designs, trade marks, copyright and unfair competition protection against imitations often work best together; see our insight on unfair competition basics.

The reform and the right to repair

The repair clause sits within a broader EU policy towards repairability. The Right to Repair Directive and ecodesign rules oblige manufacturers to support repair, provide spare parts and information, and avoid practices that hinder independent repair. Design law no longer serves as a barrier to the aftermarket for visible spare parts, so competition in parts will be shaped mainly by quality, certification, availability and contractual relationships with repairers. See our insight on the Right to Repair Directive.

Licences and contracts after the reform

Licence agreements, supply contracts and settlement agreements referring to "Community designs" remain valid, but parties should update terminology and check whether licences cover the new forms of use — in particular digital files for 3D printing and digital or virtual products. Supply agreements with spare-parts manufacturers and distribution agreements in the automotive aftermarket may need adjustment where they relied on design protection for exclusivity. Companies acquiring design portfolios should verify filing dates in light of the repair clause transition and the new fee structure for renewals.

How TRW & Co helps with the EU design reform

We advise design-intensive companies on the EU design reform: reviewing portfolios and filing strategies, protecting digital and animated designs, adapting enforcement against 3D printing files and transit, and assessing the impact of the repair clause on aftermarket business models. We represent clients before the DPMA and EUIPO in registration and invalidity proceedings and in infringement actions before German courts. See our page on trademarks and designs or contact us.