Industrial design protection in the EU – European Union Design

Regulation (EU) 2024/2822 of the European Parliament and Council, dated 23 October 2024, amends Council Regulation (EC) No 6/2002 on Community designs and repeals Commission Regulation (EC) No 2246/2002. The revised regulation came into effect on 1 May 2025.

European Union Design (EU design or EUD) One of the key updates is the renaming of the protected design object:

• The title of Regulation (EC) No 6/2002 has been updated to: Council Regulation (EC) No 6/2002 of 12 December 2001 on European Union designs. This change replaces the term "Community design" with "European Union design"—a long-anticipated modernization of terminology.

Key Amendments Include:

• Broader Definitions:

  • The term “product” now explicitly includes digital formats and animated content.

  • The “design” definition (Article 3(1), as amended) is expanded to include animations—defined as changes in design features over time, whether or not their identity remains constant. This allows for protection of both movements and transitions in designs.

  • The “product” definition (Article 3(2), as revised) confirms that products may include both tangible and intangible items (excluding software), such as digital designs not tied to physical form.

• Expanded Product Categories:The regulation now clearly includes:

  • Sets of articles

  • Spatial arrangements (e.g. interior or exterior environments)

  • Components meant for complex products

  • Graphic symbols, logos, surface patterns, and graphical user interfaces

• Simplified Filing:The requirement that multiple designs in one application must belong to the same classification is removed. Applicants can now submit up to 50 designs in one application, regardless of class.

• Digital Enforcement Measures:Rights holders now enjoy extended protection, including against unauthorized reproduction via 3D printing and the distribution of digital design files.

• Design Notice Symbol:From 1 May 2025, registered EU designs can be marked with the ⓓ symbol (a "D" in a circle) to signify their protection status. This serves to inform the public and help with product marketing. However, it is crucial that the design is officially registered, not merely under application.