Rule detail : 155077

EC Industrial Design Protection

Updated on: Jan 22, 2025

Latest Event

Jan. 2025 EC Implementing Rules
On Jan. 20, 2025, EU CMSN issued final Reg 2025/73 amending Reg 2245/2002 implementing Council Reg 6/2002 in the Official Journal of the European Union.
In accordance with the amendment of Reg 6/2002 by Reg 2024/2822, it is necessary to align the provisions of Reg 2245/2002 on duration of time limits and representation before the Office with the Agreement on the European Economic Area, in order to refer to the territory of the European Economic Area (EEA) instead of to ‘the Community’.
Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union, Feb. 9; it shall apply from May 1, 2025.

On Nov. 28, EC adopted two package proposals on design protection.

EC adopted two (package) proposals to modernize the legislation on design protection.
Document dated Nov. 28, 2022, was added on Dec. 5, 2022 due to an editorial backfill.
Follows EC Nov. 2020 began reviews of design directive and regulation, see #91754.
Background
In 2020, the EC concluded an evaluation of EU legislation on design protection.
The results presented in the evaluation report show that EU legislation on designs works well overall and that it is still broadly fit for purpose.
However, evaluation revealed a number of shortcomings that need to be addressed to make the legal framework fit to support digital and green transition of EU industry, and to become more accessible and efficient for industries, SMEs and individual designers.
Current Shortcomings
Shortcomings include in particular a lack of clarity and robustness of certain key elements of design protection (subject matter, scope of rights and limitations).
Outdated or overly complicated procedures; inappropriate fee levels and fee structure.
Lack of coherence of procedural rules and an incomplete single market for spare parts.
Proposals
Commission adopted two proposals to modernize the legislation on design protection.
A proposal for a new regulation, amending Reg 6/2002 on Community designs.
And a proposal for a directive on the legal protection of designs (recast).
Objectives
Specifically, the initiative to amend the regulation is driven by the following objectives:
Modernizing and improving existing provisions, by amending outdated provisions, increasing legal certainty and clarifying rights in terms of scope and limitations.
Improving accessibility, efficiency and affordability of RCD protection, by simplifying procedures, and adjusting and optimizing the level and structure of payable fees.
The present initiative to recast Dir 98/71/EC is driven by the following objectives:
Modernizing and improving existing provisions of the directive, by amending outdated provisions, increasing legal certainty and clarifying design rights in terms of scope.
Achieving greater approximation of national design laws and procedures to strengthen interoperability and complementarity with the Community design system, by adding further substantive rules and introducing principal procedural rules into the directive.
Completing the single market in repair spare parts by introducing a repair clause into the directive as already contained in the regulation.
Effectiveness
Feedback period on proposed regulation and directive is open until Jan. 23, 2023.
In Feb. 2023, EU INS issued key messages on revised Design Directive, see #162147.
Sep. 2023 EU CNCL General Approach
On Sep. 20, 2023, EU CNCL issued correction to its general approach on directive.
Follows Sep. 13, 2023, EU CNCL general approach to proposed directive, regulation.
And Sep. 19, 2023, correction to 12714/23 INIT, concerning page 32, Article 25(1)(c).
Dec. 5, 2023 Provisional Agreement
On Dec. 5, 2023, EU CNCL announced it has reached a provisional deal on the revision of the two legislative proposals of the designs package with the EP.
Follows, EU CNCL adopting two positions on the proposed revisions on Sep. 25, 2023.
New texts update 20-year-old design legislation, aiming to facilitate protection of industrial designs, adapt EU law to challenges of a digital and 3D-printing world.
Provisional agreement frames scope of the directive, clarifies rules of the repair clause, sets fees for registering a design, adjusts transposition period on design protection.
Member states will have a period of 36 months to take the necessary measures to transpose the directive for the legal protection of designs.
Regulation on EU designs will be applicable throughout the EU once it comes into force.
Provisional agreement needs to be endorsed and formally adopted by both institutions.
Dec. 25, 2023 EU CNCL Offer Letter to EP
On Dec. 25, 2023, EU CNCL issued note attaching offer letter to EP on the proposals.
At its meeting on Dec. 20, 2023, Coreper (Part 1) approved the agreement on the compromise texts of the above-mentioned draft directive and draft regulation.
As reached between parties on Dec. 5, 2023, and as it is contained in document 16476/23 ADD 1-2; and authorized Presidency to address habitual offer letter to EP.
Sep. 27, 2024 Proposed Adoption
On Sep. 27, 2024, EU CNCL issued item notes concerning proposed adoption of acts.
Coreper asked to confirm agreement and to suggest the Council approve the EP's position, as set out in PE-CONS 96/23 and PE-CONS 97/23, as an "A" item at meeting.
If Council approves European Parliament's position, the legislative acts will be adopted.
Oct. 10, 2024 Council Adoption
On Oct. 10, 2024, EU CNCL adopted the two legislative acts under the design package.
On the same day, EU IPO reported adoption, as the EU agency responsible for design protection; has been upgrading its IT systems, design tools and guidelines; reminds amending regulation requires additional legislation package to ensure implementation.
Revised directive on the legal protection of designs and the amended regulation on community designs: the adopted texts update the current design legislation to improve the protection of industrial designs in the era of digital designs and 3D printing.
EU CNCL approval means legislative acts have been adopted; directive will enter into force on 20th day following publication in the Official Journal of the European Union.
Member states will have 36 months to take measures to transpose the directive.
The regulation amending the regulation on Community designs will enter into force on 20th day following its publication in the Official Journal and will apply 4 months later.
Oct. 28, 2024 Adopted Texts
On Oct. 28, 2024, EU CNCL issued the adopted texts of legislative acts, dated Oct. 23.
Nov. 2024 Official Journal
On Nov. 18, 2024, EU CNCL issued final Dir 2024/2823 and final Reg 2024/2822 in OJ.
MSs shall bring into force laws necessary to comply with Articles 2-3, Article 6, Articles 10 to 19, Article 21, Articles 23 to 30 and Articles 32 and 33 by Dec. 9, 2027.
Directive 98/71 is repealed with effect from Dec. 9, 2027, without prejudice to the obligations of the Member States relating to the time-limit for the transposition into national law of the directive set out in Annex I.
Directive shall enter into force on 20th day following that of OJ publication, Dec. 8.
However, Articles 4, 5, 7, 8, 9, 20 and 22 shall apply from Dec. 9, 2027.
Regulation shall enter into force on 20th day following OJ publication, Dec. 8, 2024.
It shall apply from May 1, 2025; however, Article 1, points (21), (22), (24), (26), (27), (28), (29), (30), (32)(b), (34)(b), (37), (40), (42), (45), (46), (49), (52), (54), (56), (58), (61), (63), (65), (66), (70), (72), (74), (76), (78), (80)(b), (81), (85), (88) in so far as it relates to Article 72(3), points (a), (e), (f) and (m), (90), (98)(b), (111), (113) and (123) shall apply from Jul. 1, 2026.
In Dec. 2024, EU IPO informed of design renewals following EU reform, see #235962.
Jan. 2025 EC Implementing Rules
On Jan. 20, 2025, EU CMSN issued final Reg 2025/73 amending Reg 2245/2002 implementing Council Reg 6/2002 in the Official Journal of the European Union.
In accordance with the amendment of Reg 6/2002 by Reg 2024/2822, it is necessary to align the provisions of Reg 2245/2002 on duration of time limits and representation before the Office with the Agreement on the European Economic Area, in order to refer to the territory of the European Economic Area (EEA) instead of to ‘the Community’.
Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union, Feb. 9; it shall apply from May 1, 2025.

Regulators

EP; EU CMSN; EU CNCL; EU IPO

Entity Types

Corp

Reference

OJ L, 1/20/2025; Reg 2025/73, 1/17/2025; OJ L, 11/18/2024; PR, 10/28/2024; PR, Dir 2024/2823, Reg 2024/2822, PE-CONS 96/1/23 REV 1, PE-CONS 97/1/23 REV 1, 10/23/2024; PR, 10/10/2024; PR, 13313/24, 13286/24, 9/27/2024; PR, 12/25/2023; PR, 16992/23, 12/21/2023; PR, 16476/23, 12/15/2023; PR, 12/5/2023; 12714/23 ADD 1 COR 1, 9/20/2023; PR, 12714/23 COR 1, 9/19/2023; PR, 12714/23, ADD 1, ADD 2, 9/13/2023; PR, COM(2022)666, COM(2022)667, 11/28/2022; 2022/0391(COD); 2022/0392(COD); Citation: Dir 98/71/EC; Reg 6/2002; PE-CONS 96/23; PE-CONS 97/23; Dir 2024/2823; Reg 2024/2822;

Functions

Compliance; Operations; Product Design

Countries

European Union