European Union Designs: protection becoming ever more important and comprehensive
The reform makes the system more modern, effective and in line with the needs of the contemporary market, leading to increased use by companies seeking to protect their assets 12 August 2026
In 2025, the EUIPO reported a record number of over 130,000 design applications (50% of which were from outside the EU), confirming the growing strategic importance of this protection tool. The regulatory changes that came into force on 1 July 2026 make the system even more effective by, on the one hand, broadening the scope of protection and, on the other, making it easier to identify counterfeits.
It is therefore essential for rights holders to understand the new opportunities introduced by the reform, so that they can devise increasingly effective strategies for protecting and capitalising on their ideas.
In this article, we outline the regulatory changes: our professionals are at your disposal to help you identify the most suitable solutions for your best interests.
1. Increased number of figures in the representation
The number of figures, or images, that may be used to represent the design to be protected has been increased from a maximum of 7 to 10, to better identify and protect the product’s features. The increase in the number of images that can be registered makes it easier to identify the features that render the product novel and distinctive, specifying the details and making them more clearly visible.
This extension of protection is confirmed by the new Regulation (Art. 18-bis EUDR), which states: ‘Apart from being shown visibly in an application for registration of an EU design, design features of a product do not need to be visible at any particular time or in any particular situation of use in order to benefit from design protection. An exception to that principle should apply to the design protection of component parts of a complex product that need to remain visible during normal use of that product’.
2. New rules for complex products and spare parts
The rules governing complex products have been clarified, in particular those relating to components of complex products used solely for repair purposes (Art. 20-bis EUDR). A complex product is defined as ‘a product that is composed of multiple components which can be replaced, permitting disassembly and reassembly of the product’. In this case, design protection must not turn into a monopoly on the spare parts market when the part (‘must match’) serves only to restore the original appearance of the complex product. The repair clause is, however, accompanied by an information obligation: manufacturers and sellers must clearly inform consumers of the commercial origin and the identity of the manufacturer of the part intended for repair.
3. Maximum limit for multiple designs
Multiple designs may contain a maximum of 50 designs, thereby limiting the previous provision, which did not set a maximum limit.
4. New filing formats
Filing may be carried out not only using the traditionally used static formats, but now also using three-dimensional (3D) files and video files.
5. Abolition of physical filing
It is no longer possible to physically file the items to be protected.
6. Different product classes under a single application
In multiple applications, it is no longer necessary to adhere to the Locarno classification, thus making it possible to file different products with different intended uses together. This change allows protection of the relevant products to be maintained at a significantly lower cost.
7. Introduction of the identification symbol Ⓓ
Registered designs may be identified (Art. 26-bis EUDR) with Ⓓ. This indication is not mandatory but may be advantageous from a commercial perspective.
8. Protection extended to digital and virtual objects
The scope of a registered design has been broadened so that this right applies not only to what can be represented in a physical object. Non-physical, virtual objects (digital environments, files, graphical user interfaces (GUIs), etc.) may also be protected. To this end, the definitions in Art. 3 EUDR have been expanded as follows:
‘Design’ (Art. 3 (1) EUDR) now also includes animation, defined as the movement or transition of one or more features of the design, which may consist of a progressive modification of the visual elements, regardless of whether or not their original identity is retained.
‘Product’ (Art. 3 (2) EUDR) now also includes non-physical elements; thus, a product is deemed to be any industrial or handicraft object, other than computer programmes, regardless of whether it is embodied in a material medium or expressed in an intangible form.
9. Strengthening protection against counterfeiting, including digital counterfeiting
Protection for the owner, or assignee, of a registered design has been significantly strengthened, as Art. 19 EUDR now states that counterfeiting is not limited to the physical copying of a product but also includes its reproduction in files or software. In particular, unauthorised third parties will be prohibited from:
- manufacturing, offering, placing on the market or using a product in which the design is incorporated or to which it is applied;
- importing, exporting or holding such products for commercial purposes;
- to create, download, copy, share or distribute media or software containing the design, where such activities are intended to enable the manufacture of products incorporating or utilising the design. This prohibition is subject to two exceptions (Art. 20 EUDR), which exclude an infringement:
- where the use of the design is made solely for the purpose of identifying or referring to a product as belonging to the holder of the design right;
- where the acts are carried out for the purposes of comment, criticism or parody, in order to safeguard the right to freedom of expression, provided that they fall within normal commercial practice and do not unduly prejudice the normal economic exploitation of the design.
- the transit through the territory of the Union of products suspected of being counterfeit, even where such goods are not intended to be released for free circulation on the internal market.
10. Relevance of first disclosure outside the European Union
The first disclosure of a product outside the EU which is commercially introduced into the EU and which is eligible for protection by a registered design is considered valid and relevant for the purposes of assessing novelty and/or individual character, or as the starting point for protection of an unregistered design.
11. Update on renewal fees
Filing fees remain unchanged, whilst renewal fees for each individual design have been increased in line with the five-year renewal period.
12. Priority for invalidity proceedings
The EUIPO may rule on a priority basis where the proprietor of the contested design does not contest the grounds or requests put forward by the applicant for invalidity. This is significant from both a defensive and strategic perspective: on the one hand, it may speed up the cancellation of uncontested or manifestly vulnerable registrations; on the other, it requires proprietors to monitor EUIPO notifications closely and to respond promptly to applications for invalidity.
13. New name for the right
The name of this right changes from ‘Community design’ to ‘European Union design’. Existing applications and registrations automatically take on the new name.
For details of all the amendments to the new EU Design Regulation, please refer to our previous insight.
