Members' Research Service By / July 11, 2023

Revision of the EU legislation on design protection [EU Legislation in Progress]

Industrial design – the act of shaping a product’s form and features in advance of producing it – is what gives products their visual appeal and influences consumers in choosing one product over another.

© PureSolution / Adobe Stock

Written by Stefano De Luca (4th edition, updated on 22.01.2025).

The EU design legislative reform package includes two texts amending Council Regulation (EC) No 6/2002 (the Community Design Regulation) and, in parallel, recasting Directive 98/71/EC (the Design Directive) to align the design protection system in the EU with the digital age and make it more accessible and efficient for applicants. In terms of digitalisation, the update of the requirements for representing designs will allow applicants to file new digital design types (e.g. by using 3D printing technologies). In terms of efficiency, the reform package aims to make application procedures cheaper and simpler and registration procedures faster, while also ensuring greater predictability and legal certainty for stakeholders looking for design protection in the EU.

Within the European Parliament, the files were assigned to the Committee on Legal Affairs (JURI), with Gilles Lebreton (ID, France) as rapporteur. The EU design legislative reform package was published in the EU’s Official Journal on 18 November 2024; the two texts entered into force 20 days after their publication in the Official Journal. The Community Design Regulation will apply from 1 May 2025 (with a few articles applying from 1 July 2026), whereas Member States will have to transpose the Design Directive into their national legal systems by 9 December 2027.

Complete version

Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 6/2002 on Community designs and repealing Commission Regulation (EC) No 2246/2002 and Proposal for a Directive of the European Parliament and of the Council on the legal protection of designs (recast)
Committee responsible:Legal Affairs (JURI)COM(2022) 666 and
COM (2022) 667
28.11.2022
Rapporteur:Gilles Lebreton (ID, France)2022/0391(COD)
and 2022/0392(COD)
Shadow rapporteurs:Antonius Manders (EPP, Netherlands)
Ibán García del Blanco (S&D, Spain)
Pierre Karleskind (Renew, France)
Patrick Breyer (Greens/EFA, Germany)
Emmanuel Maurel (The Left, France)
Ordinary legislative
procedure (COD)
(Parliament and Council
on equal footing –
formerly ‘co-decision’)
Procedure completed:Regulation (EU) 2024/2822
Directive (EU) 2024/2823
OJ L, 2024/2822, 18.11.2024
OJ L, 2024/2823, 18.11.2024

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