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 (1st edition).

The proposals to amend Council Regulation (EC) No 6/2002 (the Community Design Regulation) and in parallel to recast Directive 98/71/EC (the Design Directive) aim 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 proposed update of the requirements for representing designs would allow applicants to file new digital design types (e.g. by using 3D printing technologies). In terms of efficiency, the proposals aim to make the application procedures cheaper and simpler, the registration procedures faster, while also ensuring greater predictability and legal certainty for individual designers, SMEs and design-intensive industries looking for design protection in the EU.

Within the European Parliament, the files have been assigned to the Committee on Legal Affairs (JURI), with Gilles Lebreton as rapporteur. The draft reports on the Community Design Regulation and the Design Directive were published on 15 June 2023. The deadline for tabling amendments is 12 July 2023. Within the Council, the Working Party on Intellectual Property is also working on defining its position.


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
Rapporteur:Gilles Lebreton (ID, France)2022/0391(COD) and 2022/0392(COD)
Shadow rapporteurs:Antonius Manders (EPP, the Netherlands)
Ibán García del Blanco (S&D, Spain)
Pierre Karleskind (Renew, France)
Patrick Breyer (Greens/EFA, Germany)
Raffaele Stancanelli (ECR, Italy)
Emmanuel Maurel (The Left, France)
Ordinary legislative procedure
(COD) (Parliament and Council
on equal footing – formerly ‘co-decision’)
Next steps expected: Vote in committee on draft report
EU Legislation in progress timeline

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