The Directive 2024/2823 is a comprehensive legal framework for the protection of industrial designs in the European Union. It replaces and modernizes the previous Directive 98/71/EC, providing updated rules for design registration and protection across EU member states. The Directive aims to harmonize design protection laws and procedures among EU countries while adapting to technological advances and new types of designs.The Directive’s structure includes five chapters covering general provisions, substantive law, procedures, administrative cooperation, and final provisions. Key changes include new definitions of designs and products, expanded protection for digital and animated designs, and harmonized procedures for design registration and invalidity.Main provisions include:
- Updated definition of ‘design’ to include movement, transition, and animation features
- Protection for designs in both physical and digital forms
- 25-year maximum protection period through 5-year renewable terms
- Introduction of a ‘repair clause’ for spare parts of complex products
- Harmonized rules for design representation and multiple applications
- New provisions for deferment of publication up to 30 months
- Enhanced protection against counterfeit goods, including those in transit
- Introduction of a common design registration symbol (Ⓓ)
- Strengthened administrative cooperation between national offices
