The Directive 2024/2823 is a comprehensive legal framework that regulates the protection of industrial designs in the European Union, replacing the previous Directive 98/71/EC. It aims to harmonize design protection laws across EU member states and modernize the regulatory framework for new technologies.The Directive establishes unified rules for design registration, protection requirements, and enforcement procedures. It introduces new provisions for digital and non-physical designs, including animated features and graphical user interfaces. The act also addresses the protection of spare parts through a ‘repair clause’ and introduces measures against counterfeit goods.The structure of the Directive consists of 5 chapters covering general provisions, substantive law, procedures, administrative cooperation, and final provisions. Key changes include:
- Updated definition of ‘design’ to include digital and animated features
- New provisions for design representation in any form of visual reproduction
- Introduction of a repair clause for spare parts of complex products
- Enhanced customs enforcement measures against counterfeit goods
- Harmonized procedural rules for design registration
- New provisions for administrative invalidity procedures
The most important provisions include:
- 25-year maximum protection period through 5-year renewable terms
- Exclusive rights for design holders to prevent unauthorized use, including 3D printing
- Requirements for design novelty and individual character
- Limitations and exceptions to design rights
- Provisions for multiple design applications
- Cooperation requirements between national offices and EUIPO
- Harmonized rules for design representation and registration procedures
