The revision aims to ensure that design protection is fit for purpose in the digital age and it is more accessible and efficient for individual designers, SMEs and design intensive industries in terms of lower costs and complexity, increased speed, greater predictability and legal certainty.

The Commission adopted two (package) proposals for a revised Regulation and Directive on 28 November 2022 which, inter alia, aspire to:

• modernise existing provisions to clarify rights in terms of scope and limitations;
• simplify and streamline the process of registering designs in the EU;
• adjust and optimise the level and structure of payable fees;
• harmonise procedures and ensure they complement national design systems;
• allow the reproduction of original designs for repair purposes of complex products (such as cars) with an EU-wide “repair clause”.

Background

The proposals follow the Intellectual Property Action Plan, adopted in November 2020, which aims to revise the EU legislation on design protection. It reflects calls from stakeholders, the Council and the European Parliament requesting the modernisation of the legislation, while aiming to build on results of a comprehensive evaluation of the EU trade mark legislation reform.

Next steps

The two proposals will now be passed to the European Parliament and the Council for adoption under the ordinary legislative procedure.

When the new proposals are adopted, the new rules of the Directive will be transposed into the national law within two years.

Regarding the Community Design Regulation, part of the changes will become applicable within 3 months after its entry into force, and the rest will when the delegated and implementing acts are enacted (18 months after entry into force).

More information

Article first published here.