Key Updates to Strengthen Design Rights
The Council of the European Union (EU) has given its final approval to a comprehensive package of measures designed to modernise and strengthen design protection in the EU. The package, consisting of a revised directive on the legal protection of designs and an amended regulation on Community designs, aims to better protect industrial designs in the era of digital designs and 3D printing.
Key Changes and Benefits:
- Simplified Registration Process: As we discussed in our previous article, Designing the future: EU Parliament proposes sweeping changes to European design protection, the new legislation introduces significant changes to the fee structure for design registration. While the initial filing fee has been reduced, there are incremental increases for subsequent renewal periods. These adjustments aim to balance the need for accessibility with the maintenance of a robust registration system.
- Harmonisation of Procedures: The package harmonises procedures between European and national systems, reducing complexity and ensuring consistency across the EU.
- Improved Protection for Digital Designs: The revised directive and regulation introduce updated definitions of the terms ‘design’ and ‘product’ to encompass digital and 3D printed designs, along with new acts of infringement which broadens the scope of a European registered design include designs created using modern technologies like 3D printing and virtual reality.
- Support for Spare Parts Market: Currently, the regulation contains a transitional repair clause which enables third parties to reproduce and use ‘spare parts’ to repair products without infringing design rights. The new Regulation will make this repair clause permanent, promoting competition and sustainability in the spare parts market.
- Transitional Period in respect of the new Repair clause: A harmonised transitional period of 8 years will be implemented to ensure that existing design registrations which are directed towards component parts continue to be protected during the transition to the new legal framework.
Next Steps
Following the Council's approval, the legislative acts will now be signed by the President of the European Parliament and the President of the Council. The directive on the legal protection of designs will then be published in the Official Journal of the European Union and will enter into force 20 days later. Member States will have 36 months to transpose the directive into their national legal systems.
The regulation amending the regulation on Community designs will also be published in the Official Journal and will enter into force 20 days later. However, it will apply four months after its publication.
Background
The EU Council's decision to modernise design protection was driven by the increasing importance of design-intensive industries within the EU economy. These industries contribute significantly to both GDP and employment.
The adoption of the design protection package on October 10, 2024, marks a major step forward in modernising EU intellectual property law. This comprehensive package ensures that design protection aligns with the digital age and fosters innovation and competitiveness within the EU market.
Overall, the EU Council's approval of the design protection package is a positive development for businesses and innovators across the EU. By modernising and strengthening design rights, the package will support creativity, innovation, and economic growth.