Since the EU (Community) design system was first introduced in 2002, new technology – in particular new digital innovation – has given prominence to new types of “products” which the EU considers should benefit from design protection.
As part of ongoing efforts to modernise the EU design system, several key changes are being introduced. These changes aim to broaden and clarify the scope of design protection in the EU, while also making the system more accessible and user-friendly.
Non-physical “products”
In particular, as of 1 May 2025, the legal definition of the “products” that are eligible for design protection will now not only encompass products that are physical objects, but also products which materialise in a non-physical form such as graphic works or symbols, logos, and graphical user interfaces. The new regulations also explicitly recognise that animations, such as movements or transitions, of the features of a product can contribute to the appearance of designs and will therefore be explicitly eligible for design protection.
The “Locarno Classification”
Another change will be a simplification of how products are grouped together in design filings. Currently, to file products together as a multi-part design, products must fall within the same “Locarno classification.” For example, designs to a mobile device and a household appliance could not be grouped together in a multi-part application. This classification requirement is being removed, meaning that disparate products or features of the same overall system (with different Locarno classifications) can be filed together in a multi-part design filing. This new approach will reduce the complexity of design filings and will also reduce the up-front cost to applicants by consolidating what would previously have been several design applications into a single design filing.
Design rights holders will also be able to mark their products as having EU design protection by using a circled “D” symbol, similar to the symbols “®” and “©” that already exist for trade marks and copyright.
These changes are welcome, broadening the types of products that the EU design law protects to align with advancements in technology and technology commercialisation which have taken place over the last 20 years.
If you have any questions about obtaining design protection for your products, please contact our designs team.
