EU Design rights from 1st May 2025
8 April 2025
The new legislation governing Design rights in the European Union, the European Design Regulation (EUDR), enters into force on 1 May 2025.
Several changes come into force with the new Regulation, although there are many further provisions that require implementing secondary legislation and will only be applicable later, in 2026 and 2027.
Here are the main changes effective 1 May 2025 and what they mean for users of Design rights in the EU:
New terminology
EU Registered and Unregistered design rights are to be called ‘European Union Designs’ (formerly ‘Community Designs’), and the relevant courts the ‘European Union design courts’ (formerly Community design courts). This change brings alignment with the EU Trade Mark terminology.
New definition of ‘design’
The definition of ‘design’ has been broadened to encompass movement/animation and ‘interior/exterior environments’, e.g. shop layouts, which essentially codifies current EUIPO practice. No change as to what may be filed as a design at the EUIPO is expected.
New definition of ‘product’
The definition of ‘product’ has been revised to include virtual as well as physical products, again codifying the broad interpretation of the previous legislation. No change as to what may be filed as a design at the EUIPO is expected.
No unity of class requirement
Where an EU design application is filed in respect of multiple designs, there is no requirement for the designs to all relate to the same class under the Locarno classification system. This means that applicants may bundle their designs relating to several different unrelated commercial products into one application, providing cost savings. Previously, designs in different classes needed filing separately or to be divided out into separate applications – sometimes even if the designs related to different parts of the same commercial product.
Limited number of designs
A multiple EU design application is limited to 50 designs. Previously there was no limit on the number of designs in a multiple design application but in light of the removal of the unity requirement this change keeps the number of designs in a multiple design application to a sensible limit and enables a simplified filing fee structure.
Fee structure
The cost for filing an EU design application will remain EUR 350 for the first design. A new simplified additional application fee of EUR 125 applies for each additional design in a multiple design application. Under the new fee structure, the separate publication fee has been dispensed with. Fees for deferred publication are EUR 40 for the first design, and EUR 20 for each additional design in a multiple design application.
These simplified fees, together with the removal of the class unity requirement, mean that fee reductions for multiple design applications remain attractive and indeed are likely to apply to more design filings.
Renewal fees
There are increased renewal fees for EU designs, especially for renewals later in the 25 year maximum term of protection. It is important to note that paying renewals before 1 May 2025 when these fee increases take effect will provide cost savings. Renewals made on or before 30 April 2025 will be charged at the old lower fees, even if they pertain to renewals due up to the end of September 2025, so there can be advantages for early payment.
EU designs will expire on the expiry date of registration i.e. the same day of the month as the filing date (previously the last day of the month in which a design expired). There is then a six-month grace period to renew a design, which starts the day after the design expires.
Renewal date before 1 May 2025
For designs with a renewal period starting before (1 May 2025), the old system will be used to determine the renewal and grace periods.
For instance, if an EU design was filed on 15 April 2020, it must be renewed between 1 November 2024 and 30 April 2025. The grace period then runs from 1 May to 31 October 2025.
Renewal date on or after 1 May 2025
For designs with a renewal period starting on or after the new rules apply (1 May 2025), the new system will be used.
So, if an EU design was filed on 23 November 2020, it expires on 23 November 2025. It must be renewed between 24 May 2025 and 23 November 2025. The grace period then runs from 24 November to 23 May 2026.
Deferred Publication
Due to the abolition of the publication fee design holders can no longer prevent publication by non-payment. To prevent publication of EU design applications filed from 1 May 2025, applicants must now explicitly surrender the design at least three months before the end of the deferral period. This ensures that only designs intended for protection are published.
Clarified visibility
The new regulation clarifies that design features of a product do not need to be visible at any particular time or in any particular situation of use in order to benefit from design protection, they must simply be visible in the design application. An exception to that principle remains as previously to the design protection of component parts of a complex product that need to remain visible during normal use of that product. It remains the case that careful choice of how to represent the design in a new EU design application is vital to the scope of protection.
Enhanced enforcement
The rise in 3D printing has necessitated enhanced enforcement rights for EU designs. The unauthorised creation, downloading, copying and making available of any medium or software which records the design for the purpose of reproduction, constitutes infringement of the protected EU design.
The regulation also tightens the enforceability of EU designs against counterfeit goods in transit through the EU from outside, even when the goods are not for the EU market, for products incorporating a design which is identical or essentially identical to the EU design. However, these rights expire if it can be demonstrated that the design holder “is not entitled to prohibit the placing of the products on the market in the country of final destination.” Therefore, if the design is not protected in the final destination country, there is no infringement during transit.
These enforcement provisions apply to both registered and unregistered EU designs.
Spare parts ‘repair clause’
EU law currently provides a defence to infringement of a design (subject to several conditions) when dealing in spare parts for repairing a complex product, but the new regulation will reduce the applicability of this spare parts ‘repair clause’. The purpose of the spare parts repair clause is to give consumers choice when purchasing spare parts rather than requiring them to buy spare parts from original equipment manufacturers (OEMs). The spare parts repair clause is to be limited to ‘must match’ parts so that the exclusion from design protection is only afforded to parts for repairing a complex product to its original state. Specifically, the defence will now only apply to component parts of complex products where the appearance of the component depends on the complex product. This means that parties wishing to make or sell spare parts where the spare part could feasibly have multiple different forms (e.g., wheel trims) may no longer be able to rely on the spare parts repair clause when accused of design infringement.
Defence to infringement
Somewhat niche but there is also a new limitation on the rights conferred by an EU design which provides a defence to infringement of an EU design for acts carried out ‘for the purpose of comment, critique or parody’.
Registered Design marking
A new design notice system has been introduced. Holders of registered designs are advised to display a notice on their products using the letter ‘D’ enclosed in a circle:
Ⓓ
This can be used to indicate that a product is protected by design registration. This measure is intended to facilitate the marketing of registered designs and enhance the visibility of design protection.
Future changes
Effective from 1 July 2026:
- Representation requirements changing so that the design can be represented in any, e.g. digital form (static and animated), and not limited to 7 views, – details to be confirmed Q3 2025
- Fast track invalidity proceedings
Effective by 9 December 2027:
- Designs Directive to be implemented by the EU member states into national law
- EU member states may declare invalid a design which contains a ‘total or partial reproduction of elements belonging to cultural heritage that are of national interest’
- Spare parts ‘repair clause’ for national designs within the EU – additional transition period of 8 years to implement, i.e. to 2032
We will be keeping a close eye on these future developments and will provide updates when they become available.
Richard Worthington
Designs group
This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.
© Withers & Rogers LLP April 2025
