The ongoing EU design legislative reform simplifies the process of registering and managing designs within the European Union (EU). This update, spearheaded by the European Commission with the support of the European Union Intellectual Property Office (EUIPO), will greatly benefit EU SMEs.
The main goal is to improve legal certainty, reduce complexity, and make design rights more accessible. What does this mean for businesses and startups in the EU? It means a smoother, more direct route to achieving full design protection across the EU.
Here are some of the key improvements that directly benefit your business:
Modern definitions for modern designs: The reform makes important changes to terminology. All references to the ‘Community’ have been substituted by ‘European Union’ or ‘Union,’ in line with the Lisbon Treaty. The Registered Community Design and Unregistered Community Design have now become the Registered EU Design and the Unregistered EU Design.
The reform also updates key definitions to reflect today’s innovations. The definition of ‘design’ now explicitly comprises animation, while ‘product’ encompasses non-physical items. This clarifies that digital interfaces, icons, and even virtual products can be equally protected under the new European Union Design Regulation (EUDR).
Direct and easy application: All EU design applications must now be filed directly with the EUIPO. This centralised approach simplifies the application process and guides the applicant through each step. The EUIPO offers an Easy Filing option for Registered EU Designs, which is specifically designed for SMEs without legal representatives.
Clearer filing date confirmation: Payment of the application fee is now required to secure a filing date, ensuring immediate clarity and securing a design’s priority. You may find detailed information on fees and payments here.
No more physical specimens: Say goodbye to the hassle and higher cost of preparing and submitting physical examples of designs. This option has been removed, making the application process simpler, especially for digital designs or products.
Flexible multiple applications:The ‘unity of class’ requirement has been removed, which allows a wider variety of designs in a single application. At the same time, a limit of 50 designs per application is introduced to ensure it is more manageable. The fee structure has also been simplified, which significantly reduces the administrative burden and lowers costs, allowing applicants to protect a broader range of creative outputs efficiently. This new fee structure makes it more cost effective thanks to the multiple application discounts.
To see the new Design reform in action, check out this video. Why wait? Take the first step towards securing your intellectual property assets, visit the EUIPO website today and embark on your design registration journey!
Remember, this is just the beginning. The Design reform marks a major milestone, but more updates are still to come. One upcoming change involves how designs can be represented aiming to modernise representation methods and ensuring they keep pace with the latest technological advancements.
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