This regulation amends Council Regulation (EC) No 6/2002 on Community designs and repeals Commission Regulation (EC) No 2246/2002. It is a comprehensive update of the EU design protection system.The key aspects of this regulation include:
- Modernizing the definition of designs to explicitly cover designs that are not embodied in physical products, including digital designs and graphical user interfaces
- Introducing new provisions on design protection for component parts used for repair purposes
- Updating procedural rules regarding applications, registrations, renewals and invalidity proceedings
- Establishing electronic-only communication between the EUIPO and parties
- Setting fee amounts directly in the regulation rather than in a separate implementing regulation
- Strengthening design protection against counterfeit goods entering the EU
- Clarifying cumulation of protection under design law and copyright law
The regulation aims to make the EU design system more accessible and efficient, particularly for SMEs and individual designers. It updates the regulatory framework to account for technological developments and provides clearer rules on scope of protection and enforcement.Most provisions will apply from May 1, 2025, with some provisions related to procedural matters taking effect from July 1, 2026. The regulation is particularly relevant for Ukraine as it affects design protection throughout the EU market, which is a key trading partner for Ukrainian businesses.
