In an increasingly competitive market, design has ceased to be merely an aesthetic element and has become a genuine differentiating factor. From product packaging to the interface of an application, appearance can be decisive in attracting consumer attention. For this reason, the protection of industrial designs in the European Union has become a key tool for companies and creators.
Industrial design protects the visual appearance of a product, including its shapes, lines, colours, materials or textures. It does not protect how a product works, but rather how it is perceived. To obtain protection, a design must be new and create a different overall impression from that produced by earlier designs. This protection grants its holder an exclusive right to prevent copies or imitations and may be maintained for up to 25 years through periodic renewals. In addition, the European system allows for both formal registration and a more limited form of protection for unregistered designs.
The protection of designs has not only a legal dimension but also a strategic one. It helps prevent imitation, strengthens brand identity, generates economic value through licensing or commercial exploitation, and provides access to unitary protection valid throughout the European Union through a single registration. It is particularly relevant in sectors such as packaging, fashion, technology, furniture, automotive and digital industries, where design constitutes an essential element of differentiation.
A reform to adapt to the digital environment
With the aim of adapting the system to the digital environment and new business models, the European Union has undertaken a substantial legislative reform. Its implementation has been structured in two distinct phases, separating those legal changes that could be applied immediately from those requiring new implementing rules and technical adaptations of EUIPO systems.
Phase 1: Updating the legal framework (1 May 2025)
The first phase entered into force on 1 May 2025 and focused on updating the legal framework for protection. Among the main changes was the replacement of the term “Community design” with “European Union design”, as well as the incorporation of the fee regime directly into the Regulation.
The scope of protection was also expanded to expressly include digital elements such as graphical user interfaces, logos, surface patterns, graphic symbols and other non-physical products, excluding computer programs. Animation was also incorporated as a protectable feature, recognising movements and transitions as part of a design.
The reform further strengthened rights holders’ protection against new forms of infringement linked to 3D printing, enabling action against the creation, distribution or use of media and files intended to reproduce protected designs. It also reinforced protection against counterfeit goods in transit through the territory of the European Union.
Among other developments, new limitations to exclusive rights were introduced for certain uses involving reference, comment, criticism or parody; the repair clause for spare parts intended to restore the original appearance of complex products was consolidated; physical specimens were removed as a means of representation; it became possible to combine different Locarno classes in multiple applications covering up to fifty designs; and several procedural aspects relating to invalidity proceedings, file inspections and data protection were modernised. The fee regime was also revised, simplifying certain amounts and modifying renewal, invalidity and appeal fees.
Phase 2: Operational implementation of the reform (1 July 2026)
The second phase of the reform entered into force on 1 July 2026 and aims to make the previously introduced changes fully operational through new technical and procedural tools.
Among the most significant developments is the acceptance of new representation formats, allowing the submission of MP4 videos for animated designs and three-dimensional files for dynamic designs. It also enables the effective protection of digital designs such as graphical user interfaces, animations, transition effects, holograms, elements intended for virtual or augmented reality environments and other digital assets.
The reform also makes design representation requirements more flexible, increases the number of views available for representing static designs to ten and introduces new technical rules for filing applications. In addition, it strengthens certain procedures by incorporating issues such as proof of use when an invalidity action is based on an earlier trademark.
At the same time, the rules developed by the Implementing Regulation and the Delegated Regulation have become fully operational, regulating essential aspects relating to application examination, invalidity proceedings, representation requirements and the operation of the European Union Design Register.
Conclusion
In conclusion, the reform represents a significant evolution of the European Union design system, strengthening legal protection while fostering innovation, competitiveness and business creativity. For companies, protecting design is increasingly confirmed as a genuine competitive advantage within the European market.
The fundamental difference between the two phases lies in their purpose. Phase 1, applicable since 1 May 2025, focused on updating the legal framework for protection by redefining concepts, expanding the scope of design rights and modernising numerous substantive and procedural aspects of the system. Phase 2, in force since 1 July 2026, is predominantly operational and technical in nature, as it develops the mechanisms necessary to fully implement these changes in practice, particularly with regard to the representation, registration and effective protection of digital, animated and three-dimensional designs. In other words, while the first phase established the new rules of the system, the second provides the tools required for their effective implementation.
Article by Ester Alonso.
