COMING UP ON 1 MAY 2025: AMENDMENTS TO EU DESIGN LAW

COMING UP ON 1 MAY 2025: AMENDMENTS TO EU DESIGN LAW

We recently held a webinar on the upcoming amendments to EU design law. To learn more about the new amendments, listen to our webinar recording which will be uploaded soon on LexDellmeier’s YouTube Channel at www.youtube.com/@lexdellmeier-intellectualp8494. Most changes will be applicable as from 1 May 2025, others will have to wait until 1 July 2026 when secondary legislation comes into force. Here is some practical advice on the current changes.

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1. Background

After more than 20 years of successful design protection in the European Union, EU design law has been updated to meet the new challenges of the digital age and to better protect the rights of design holders while ensuring effective competition in the interest of consumers.

2. Practical Advice

While most changes in the EU Design Regulation (EUDR) will generally be applicable as from 1 May 2025, some amendments need further clarification – in particular with regard to technical and other formal requirements which have not yet been defined. As one of the main aims of the new changes to EU design law is to further harmonize the design laws between the individual EU member states and the EUIPO, these technical and other formal requirements have to be discussed and agreed on between the national design offices of the EU member states and the EUIPO. While this process has already been started, it will still take some time until consent is reached. Until then, we will – unfortunately – have to rely on the old provisions. For instance, we will most likely not know until the middle of 2026 which (mostly technical) means of representation the EUIPO will allow for new forms of designs. Thus, design applications including movements, transitions or other forms of animation will have to wait until 1 July 2026 at the latest until they can be applied for. But there are some other important issues to be aware of and to take into account even before 1 May 2025.

• Renewal

Check if any of your designs will be due for renewal before 1 November 2025. If so, we strongly recommend to check if you can save money by renewing the design(s) by 30 April 2025 as the latest. On 1 May 2025, the renewal fees will increase significantly. For instance:

• • For the first (1^st) renewal of one (1) design, you will have to pay EUR 90.00 until 30 April 2025 and EUR 150.00 as of 1 May 2025.
  • For the forth (4^th) renewal of one (1) design, you will have to pay EUR 180.00 until 30 April 2025 and EUR 700.00 as of 1 May 2025.

IMPORTANT:  As of 1 May 2025, the renewal fees will be due on the date of expiry of the registration instead of on the last day of the month on which protection ends. We recommend to adjust your docket accordingly.

• Deferment of Publication

The design registration fee that has to be paid at the time of filing your design application will cover the (old) application and publication fees.

IMPORTANT:  If you would like to defer publication of your design application filed as of 1 May 2025 (deferment is possible for up to 30 months), you have to pay the official deferment fee at the time of application. If you request deferment, but do not pay the deferment fee, the EUIPO will reject your whole design application, not just the request for deferment of publication.

IMPORTANT:  If you request deferment of publication, your design will be automatically published at the end of the 30-months deferment period. If you would like to prevent your design from being published, you have to actively withdraw the application until 3 months before the end of the deferment period.

• New Design Protection Symbol

Enhance visibility of your design rights by using the new design protection symbol consisting of a D in a circle - like the C for copyrights and the R for registered trademarks!

Again, to learn more about the new amendments to EU design law, listen to our webinar recording which will be uploaded soon on YouTube at www.youtube.com/@lexdellmeier-intellectualp8494. In addition, you are always welcome to contact us for further information on the new EU design law, either by phone at +49 89 55 879 870 or by email to info@lexdellmeier.com