Here’s a review of the significant legal acts:
Directive 2024/2823 on Industrial Designs
This directive modernizes EU design protection laws by including digital and animated designs. It provides 25-year protection through renewable terms and introduces specific provisions for spare parts protection. The directive covers new technologies, including 3D printing rights, and establishes unified registration procedures across the EU.
Directive 2024/2853 on Product Liability
This legislation expands product liability rules to cover software, digital files, and digital services. It introduces compensation mechanisms for AI-related damages and cybersecurity issues. The directive extends to online platforms and circular economy operators, with new provisions for burden of proof and evidence disclosure. It sets 3-year limitation periods and up to 25-year expiry periods for claims.
Commission Implementing Regulation on Digital Platform Employment
This regulation creates a framework for collecting statistics about platform workers in 2026. It specifies data collection parameters for various aspects including work types, income shares, working hours, and decision-making authority. The regulation covers multiple platform work categories from goods delivery to IT services.
Regulation Amending Council Regulation (EC) No 6/2002
This regulation updates the EU design protection system with new provisions for electronic filing, updated fee structures, and enhanced border measures. It expands design definitions to include physical and graphic forms and introduces new rules for multiple applications and professional representation.
Commission Implementing Regulation on ‘Seneno meso’
This regulation registers ‘Seneno meso’ as a Traditional Speciality Guaranteed (TSG) in the EU register. The registration was processed under transitional provisions between old and new geographical indications regulations, with no oppositions received during the publication period.
Review of each of legal acts published today:
Directive (EU) 2024/2823 of the European Parliament and of the Council of 23 October 2024 on the legal protection of designs (recast) (Text with EEA relevance)
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
Directive (EU) 2024/2853 of the European Parliament and of the Council of 23 October 2024 on liability for defective products and repealing Council Directive 85/374/EEC (Text with EEA relevance)
The Directive 2024/2853 establishes a comprehensive framework for product liability in the EU, replacing the previous Directive 85/374/EEC. It sets rules for compensation of natural persons for damage caused by defective products and aims to ensure proper functioning of the internal market while providing high consumer protection.The Directive has a significantly expanded scope compared to its predecessor, covering not only traditional products but also software, digital manufacturing files, and related digital services. It introduces new provisions for liability of online platforms, AI systems providers, and operators in circular economy business models. The act will apply to products placed on market after December 9, 2026.Key provisions include:
- Extended definition of ‘product’ to include software, digital manufacturing files and related digital services
- New rules on burden of proof and disclosure of evidence to help injured persons obtain compensation
- Liability for defects in products that remain under manufacturer’s control after being placed on market
- Compensation for damage to property, personal injury, and destruction/corruption of non-professional data
- Joint liability where multiple economic operators are responsible for damage
- Special provisions for AI systems and cybersecurity vulnerabilities
- Extended limitation periods (3 years) and expiry periods (10-25 years) for claims
- Specific rules for circular economy activities like remanufacturing and substantial modifications
The Directive introduces significant changes in how product liability is handled in the digital age, particularly regarding software, AI systems and connected products. It provides clearer rules for establishing liability and obtaining compensation while balancing the interests of consumers and businesses. The act maintains the principle of liability without fault but modernizes it for contemporary technological and business realities.
Commission Implementing Regulation (EU) 2024/2887 of 15 November 2024 specifying the technical items of the data set for the 2026 ad hoc subject on Digital Platform Employment in the labour force domain in accordance with Regulation (EU) 2019/1700 of the European Parliament and of the Council
This Commission Implementing Regulation establishes technical specifications for collecting data about Digital Platform Employment in the EU labor force in 2026. The regulation defines detailed variables and parameters for gathering statistics about workers engaged in platform-based employment across various sectors.The regulation consists of two articles and an extensive annex that details the technical format of variables to be collected. The annex presents a comprehensive data collection framework with specific codes and labels for different aspects of digital platform work.The main technical items specified in the regulation include:
- Areas of platform work activity (goods selling, delivery services, taxi services, IT services, etc.)
- Work intensity measurements (from one-off activities to weekly engagement)
- Income share from platform work
- Working hours and their distribution
- Decision-making authority regarding pricing and working hours
- Access to benefits and leave arrangements
- Classification of platform work as main or secondary employment
Key aspects for implementation include detailed categorization of platform work types, measurement of work intensity (from sporadic to regular engagement), income assessment (share of platform income in total personal income), and working conditions (authority over pricing, working hours, and task selection). The regulation also covers social protection aspects such as access to paid leave and sickness benefits for platform workers.
Regulation (EU) 2024/2822 of the European Parliament and of the Council of 23 October 2024 amending Council Regulation (EC) No 6/2002 on Community designs and repealing Commission Regulation (EC) No 2246/2002 (Text with EEA relevance)
This regulation amends Council Regulation (EC) No 6/2002 on Community designs and repeals Commission Regulation (EC) No 2246/2002. The key aspects include:1. The regulation modernizes and updates the EU design protection system to make it more accessible and efficient, particularly for SMEs and individual designers. It adapts the system to new technologies and clarifies various procedural aspects.2. Main changes include:
- Broadening the definition of designs to clearly cover those embodied in physical products or visualized in graphic form
- Introducing new provisions on representation of designs and multiple applications
- Updating provisions on fees and their payment
- Clarifying rules on professional representation
- Strengthening enforcement mechanisms and border measures
- Introducing new provisions on administrative cooperation between authorities
3. Key provisions that may affect businesses:
- New rules on electronic filing and communication
- Updated fee structure and payment procedures
- Clearer rules on design protection scope and limitations
- Enhanced provisions on international registrations
- New provisions on repair clause and spare parts
The regulation will apply from May 1, 2025, with some provisions taking effect from July 1, 2026. It aims to create a more modern and efficient design protection system in the EU while maintaining complementarity with national design systems.
Commission Implementing Regulation (EU) 2024/2890 of 11 November 2024 laying down rules for the application of Regulation (EU) 2024/1143 of the European Parliament and of the Council as regards the entering of a traditional speciality guaranteed in the Union register of traditional specialities guaranteed (Seneno meso (TSG))
This Commission Implementing Regulation establishes the registration of ‘Seneno meso’ as a traditional speciality guaranteed (TSG) in the European Union register. The regulation implements the provisions of the broader EU framework on geographical indications, traditional specialities, and quality terms for agricultural products.The regulation consists of two main articles. Article 1 formally enters ‘Seneno meso’ into the Union register of traditional specialities guaranteed, while Article 2 sets the standard entry into force provision. The regulation follows Slovenia’s application for registration, which was processed under the transition between the old Regulation (EU) No 1151/2012 and the new Regulation (EU) 2024/1143.Key aspects of the registration process include:
- The application was originally submitted by Slovenia under the previous regulation
- The application was duly published in the Official Journal of the European Union
- No opposition was received during the designated period
- The registration was approved following the completion of all procedural requirements
