On November 18, 2024, Directive (EU) 2024/2823 of the European Parliament and the Council of October 23, 2024, on the legal protection of designs and models (recast) (https://eur-lex.europa.eu/legal-content/EL/TXT/PDF/?uri=OJ:L_202402823) and Regulation (EU) 2024/2822 of the European Parliament and the Council of October 23, 2024, concerning the amendment of Council Regulation (EC) No 6/2002 on Community designs and models and the repeal of Commission Regulation (EC) No 2246/2002 (https://eur-lex.europa.eu/legal-content/EL/TXT/PDF/?uri=OJ:L_202402822), which modernize the protection of designs and models, were published in the Official Journal of the European Union.
Among the key changes is the adjustment of the legislative framework to meet the requirements of the digital age. Now, designs involving movement and element alternation, such as 3D and animated designs, are protected. Additionally, intangible products, such as graphical user interfaces, can now also be protected.
The way a design is depicted has been improved, allowing for color reproduction and the submission of new digital files (e.g., videos). The requirement to include designs of multiple applications in the same classification category of the Locarno Agreement has been removed, facilitating the filing of different designs. The publication of a design or model can be delayed for up to 30 months from the filing date.
The rights granted by a design or model have been expanded (e.g., prohibition of storing and downloading digital files, prohibition of the transit of counterfeit/replica products), and new grounds for invalidity of a design have been introduced. Member states are now allowed to legislate the rejection of a design registration containing emblems, coats of arms, or elements of national cultural heritage (traditional costumes, monuments). Right holders may add a registered design symbol to their products to inform consumers.
Regulation (EU) 2024/2822 will apply from May 1, 2025, while national legislation must be harmonized with Directive (EU) 2024/2823 by December 9, 2027.
The new framework simplifies the design protection system for the benefit of designers and businesses.
