Design Reform
The second implementation phase of the European Union’s design law reform (the “Reform”) will come into effect on 1 July 2026. This phase brings forth a number of important procedural and administrative changes to the EU design protection framework.
What is a Design?
As a quick recap, design in intellectual property grants protection over the appearance of the product. This may extend to features such as lines, contours, colours, shape, texture, materials, ornamentation and overall visual presentation.
Specimen representation of a design – Generated with GPT Image 2
Design protection has historically been concerned primarily with physical products. However, the continued acceleration of digital transformation has increasingly blurred the line between physical and digital products.
Accordingly, the concept of a design has been broadened to include appearance resulting from movement, transition and animation, ensuring that modern digital creations may also benefit from design protection.
If you are interested in reading on Design Rights under Maltese Law, click here.
Understanding the Reform
The Reform is contained in two legislative instruments: Regulation (EU) 2024/2822, which directly amends the EU design acquis and applies across all Member States; and Directive (EU) 2024/2823, which requires Member States to align their national design laws with its requirements by 9 December 2027.
The Reform was deliberately divided into two implementation phases: Phase I and Phase II.
Phase I
Phase I introduced the principal substantive changes to EU design law. Among other things, it replaced the term "Community Design" with "European Union Design", consistent with the 2016 change of “Community Trademark” to “European Union Trademark”. Further, it expanded the definition of “protected products” to include digital and virtual products and introduced new infringement provisions addressing digital copying, CAD files and 3D printing.
The visibility requirement was also clarified by confirming that design features must be disclosed in the application, although they need not be visible in every use situation. The exception concerns components of complex products whereas hidden internal parts will generally not benefit from design protection unless they remain visible during the product’s normal use.
In addition, an optional design notice symbol Ⓓ was introduced, together with a permanent repair clause for certain "must match" spare parts used solely to restore a product's original appearance.
Procedurally, these measures simplified the filing system by introducing centralised filing through the EUIPO, abolishing the unity of class requirement for multiple applications, and allowing applicants to include up to 50 designs in a single application, subject to an additional fee for each design beyond the first.
These amendments, amongst others, laid the legal foundation for a modern design protection framework capable of responding to technological developments.
Phase II
Phase II focuses primarily on the practical administration and operation of the EU design regime. Implemented through a series of secondary legislative measures, including Commission Delegated Regulation (EU) 2026/137 and Commission Implementing Regulation (EU) 2026/138. The new measures seek to ensure that the administrative framework keeps pace with the substantive reforms introduced in 2025, and include:
1. Modernised Design Representations
One of the most significant developments concerns how designs may be represented when filing an application. Under the previous regime, applicants were largely restricted to static images. With the upcoming measures, applicants may use modern digital representation formats, including videos, computer-generated models, and other forms of digital visualisation using generally available technology.
2. Removal of the Seven-View Limitation
Previously, applicants were generally limited to submitting a maximum of seven views of a design. The upcoming measures remove this limitation, by allowing applicants to submit a greater number of views where necessary to clearly illustrate the design. Beneficial for complex products and designs involving movement or multiple visual perspectives.
3. Corrections to Minor Defects
Previously, minor issues could create significant procedural difficulties and occasional necessitate refiling. With the aim of reducing administrative burdens and improving efficiency, Phase II introduced greater flexibility with regard to certain filing errors, allowing applicants to request corrections to minor defects or inconsistencies in design representations, provided that the identity of the design remains unchanged.
4. Changes to Invalidity Proceedings
Under Phase II, applicants seeking to invalidate a registered EU design will be required to submit a detailed statement of grounds, supporting arguments and relevant evidence at the outset of proceedings. This "front-loaded" approach is designed to discourage speculative claims, streamline dispute resolution, and promote to a more efficient and timely outcomes.
Concluding Remarks
The Reform represents another important milestone in the modernisation of EU design law. While many of the changes are procedural in nature, they provide the infrastructure necessary to support the broader substantive reforms introduced in 2025.
The final stage of the Reform process will occur when Member States transpose Directive (EU) 2024/2823 into their national laws by 9 December 2027, further harmonising design protection throughout the European Union.
Require assistance in registering a design? Have any design-related queries? Contact us at info@gtg.com.mt.
Authors: Dr J.J. Galea and Dr Mattea Pullicino