Many professionals working in design still rely on copyright protection for new designs. Unfortunately, this is often not enough, as copyright protection requires a certain threshold of originality, which is rarely met by functional objects.
It often goes unnoticed that design can be used as a powerful branding element to stand out across very different industries. This newly developed design, a result of product development, should also be protected so that investments made in development and design are not lost to competitors.
EU design right and the new EU design reform
The EU design right is suitable for protecting design when the key market area for products is in Finland or more broadly within the European Union. A single application covers all 27 EU countries. Registration is typically granted within 1–2 weeks if the application meets the formal requirements.
The EU design legislation has existed for more than 20 years and is now being updated to better meet current needs. The first phase of the EU design reform entered into force on May 1, 2025, and the second phase will take effect on July 1, 2026. The new EU Design Directive is already in force and must be implemented in member states by December 9, 2027.
The reform aims to make design protection clearer and better support innovation in the EU internal market. It therefore offers even stronger opportunities to protect your design.
Key changes introduced by the reform
- Wider definition of design: The protected design no longer needs to be a physical product—non-physical products such as virtual designs, animations, and digital fashion items are now eligible for protection. In the first reform phase, digital designs like animations can only be submitted using still images. From the second phase onward, offices must be ready to accept, for example, video clips for presenting animations to be protected.
- Clarified visibility requirement: Design protection applies to features that are clearly visible in the registration application. It is not required that these features remain visible during the product’s normal use—except for components of complex products (e.g., car bumpers), which must be visible during normal use.
- Streamlined application process: The requirement that all designs in one application must fall under the same Locarno class has been removed. In practice, this means that applicants can include up to 50 designs in one application, regardless of product type. For instance, a machine's outer appearance, headlights, and user interface views can all be protected in one application. This change saves applicants money on official fees.
Changes to official fees
- Some official fees will be changed or removed. The registration and publication fees will be merged into a single application fee.
- Deferred publication (confidentiality) remains possible for up to 30 months, but publication fees will be eliminated.
- No official fees will apply to, for example, transfers of EU designs.
New rules for design publication
Previously, design publication could be prevented by simply not paying the publication fee. In the future, applicants must explicitly inform the office within a set deadline if they wish to abandon a design request marked for deferred publication.
New marking option for registered EU designs
Registered EU designs can now be marked with the letter “D” inside a circle (Ⓓ). This notifies third parties that the design is protected in the EU and can also serve as a quality signal in marketing.
Broader prohibitive rights and new limitations
- New prohibitive rights: Holders of EU design rights can now prohibit acts that enable design copying via 3D printing, including the creation, uploading, copying, and distribution of designs through digital media or software intended for reproduction.
- Customs protection: Design right holders can also block counterfeit goods from transiting through the EU, even if the goods are not released into the internal market.
- Fair use limitations: To ensure fair competition and freedom of expression, it is now allowed to refer to a protected design to indicate product compatibility. Right holders also cannot use their rights to challenge third parties who parody or criticize their designs.
Maintenance of registered EU designs
Registered EU designs can still be renewed four times for five years each (up to a maximum of 25 years). However, renewal fees will increase, especially in later periods. The due date for renewal fees will now be calculated from the registration date, rather than by the end of the renewal month.
EU design protection – the key to commercial success
Now more than ever, it is worth utilizing EU design protection. Design rights help you stand out in the market, maintain a competitive edge, and provide legal tools to prevent unauthorized use, which reduces the economic impact of counterfeiting and copying.
Protected designs can also be licensed to others, creating new revenue streams and business opportunities.
EU design protection is a valuable strategic tool for harnessing the commercial potential of design.
Explore our design protection services and feel free to contact us!