The new EU design legislation  

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On November 18, 2024, Regulation (EU) 2024/2822 of the European Parliament and of the Council of October 23, 2024, amending Council Regulation (EC) No. 6/2002 on Community designs and repealing Commission Regulation (EC) No. 2246/2002, as well as Directive (EU) 2024/2823 on the legal protection of designs, were published in the Official Journal of the European Union, thus completing the legislative reform in this area.

They will both become effective on December 8, 2024, 20 days after their publication, and the Regulation will be applicable as from May 1, 2025 (with the exception of some articles). For its part, the Directive will have to be implemented in the Member States within 36 months, ending in December 2027.

The new legislation is in line with technological developments by including the protection of digital designs in addition to physical designs. Also, among the most important amendments is the so-called “repair clause”, concerning the protection of designs of spare parts of a complex product which are used to restore its original appearance, which is excluded only for those of these designs for repair purposes.

With respect to goods in transit through the EU, the reform will allow design right holders to prevent the entry of products infringing such rights, even if such products are not destined for the EU market.

In addition, the registration procedure will be cheaper and simpler, and national and European procedures will be harmonized.