The New European Reform on Designs: A Modern Framework for the Protection of Creativity
Jul 1, 2026
As of 1 July 2026, the new European framework for EU designs is fully applicable: a broadened design concept, new representation formats, and stronger protection against counterfeiting.
As of 1 July 2026, the new European framework for designs is fully applicable, completing the second phase of the reform of EU design law. Its aim is to adapt the protection of the appearance of products to contemporary commercial and technological conditions, in which the value of a design lies not only in a physical object, but often in digital environments, interfaces, animations, three-dimensional models and virtual products.
One initial and visible change concerns terminology. References to "Community Designs" are now replaced by the term "European Union Designs" or "EUDs". Correspondingly, the main regulation is referred to as the Regulation on European Union Designs. This change does not, in itself, alter the substance of the right, but signals a more modern and unified system, better suited to the reality of the European market.
The most substantive development is the broadening of the concept of design. Protection may now extend not only to the static appearance of a product, but also to elements of movement, transition or other forms of animation. At the same time, the term "product" expressly includes both physical and non-physical items. Consequently, subject to the general requirements for protection, graphical user interfaces, icons, logos, surface patterns, typefaces, digital and virtual objects, as well as specific spatial arrangements of interior or exterior spaces, may constitute the subject of registration. Computer programs themselves, however, are not protected as designs.
This development is particularly significant for technology companies, fashion-tech brands, developers of applications, videogames and digital services, as well as for companies investing in the overall visual identity of their products. A dynamic icon, an in-app transition or a three-dimensional digital representation may now be incorporated more effectively into a design protection strategy, provided that it is represented appropriately in the application.
For this purpose, the new framework permits, in addition to static images, new forms of representation. A design may be submitted through a dynamic three-dimensional representation, such as by means of STL or OBJ files, or through a moving representation by video, where movement forms part of the subject matter of protection. Static representations may include up to ten views, while a video may depict more accurately the transition or movement of the features of a design.
The correct choice of representation is decisive, because protection extends only to the features of appearance that are visible in the application for registration. A verbal description or a general statement cannot expand the scope of protection beyond what is represented in the image, the 3D file or the video. Where, for example, the representation includes elements for which protection is not sought, those elements must be visually distinguished in a clear manner, such as through dotted lines, blurring, shading or boundaries. Such visual disclaimers must be used consistently, so that it is clear which features constitute the protected design.
The reform does not mean that the quality or background of the representation no longer matters. The design must be presented in a sufficiently clear manner so that the subject matter of protection can be identified precisely. If the background includes unrelated objects, accessories or decorative elements that do not form part of the design, they must be visually disclaimed. Otherwise, the EUIPO may request a correction or the withdrawal of the relevant view and, if the deficiency is not remedied, may reject the application.
The full digitalization of procedures is also significant. Direct applications for the registration of a European Union design are now submitted directly and electronically to the EUIPO through the User Area. Filing through national intellectual property offices is no longer accepted for new applications. International registration through WIPO, with designation of the European Union, remains a separate available route.
The filing date acquires even greater practical importance. In order for the date of receipt of the application to be retained as the filing date, sufficient information identifying the applicant, a clear representation of the design and payment of the application fee within one month are required. If payment is made later, but within the remedial period set by the EUIPO, the filing date is moved to the date of payment. This point may prove crucial for the priority and novelty of the design.
At the same time, the procedure becomes more flexible for businesses with an extensive portfolio. The requirement of unity of class in multiple applications has been abolished. Therefore, designs belonging to different classes may be included in the same application, up to the maximum limit of 50 designs. This possibility is practically useful where a business wishes to protect, in combination, products, packaging, digital elements and different applications of a unified aesthetic identity.
Particular attention is also required in relation to deferment of publication. Payment of the deferment fee at the time of filing the application is necessary, as non-payment results in the rejection of the application. In addition, preventing the automatic publication of a design after the expiry of the maximum 30-month deferment period requires an express surrender of that design. The relevant request must be submitted at least three months before the end of the deferment period.
The reform also strengthens protection against contemporary forms of counterfeiting. The exclusive rights of the holder now expressly cover acts connected with three-dimensional printing, such as the creation, downloading, copying or making available of digital files reproducing a protected design for the purpose of manufacturing unauthorized products. In addition, stronger means are provided for addressing products passing through the European Union without having been released for free circulation, where there are indications of counterfeiting.
At the same time, the new framework defines the limits of protection more clearly. The so-called repair clause provides that certain spare parts of complex products are not covered by design protection where they are used exclusively for the restoration of the original appearance of the product. At the same time, limitations are expressly recognized for acts of comment, criticism or parody, subject to the conditions laid down by the Regulation.
Finally, holders of registered European Union designs may use the new Ⓓ symbol, namely the letter D enclosed in a circle, on the product or on the relevant commercial material. The symbol may be accompanied by the registration number or by a link to the register. It is not mandatory and does not replace registration, but it serves as a useful indication to the market that the appearance of the product is protected.
The new legislation therefore creates a more flexible and suitable framework for businesses and creators operating in physical and digital environments. The registration of a design is no longer a mere formal act, but forms part of a broader strategy for protecting the aesthetic identity, innovation and commercial value of a product. The correct choice of the subject matter of protection, the form of representation and the filing procedure are now essential elements for the effective exploitation of design rights.
Note: This article is provided solely for general informational purposes and does not constitute legal advice, an opinion, or a personalized assessment of a specific case.
REFERENCES
https://www.euipo.europa.eu/en/designs/design-reform-hub
Regulation (EU) 2026/715 on European Union designs
https://www.euipo.europa.eu/en/designs/before-applying/design-representation
