EU Design Law 2026: The Most Comprehensive Reform in Over Two Decades

Since 1 July 2026, the modernised EU design legal framework has been fully applicable. This marks the completion of the biggest reform of European design protection in more than twenty years — a change that affects applicants, right holders and competitors alike. Anyone who protects designs in the EU, or intends to, should understand the new rules, as they fundamentally change terminology, filing procedures, fees and the scope of protection (EUIPO).

This article explains what has changed, the opportunities the EU design law reform creates, and what businesses need to watch out for now.

What is the modernised EU design law?

The reformed EU design law is a coherent body of rules built on three legal instruments. It replaces the previous Community design framework and adapts design protection to digital reality. The aim is a “future-ready, digital and user-friendly system” that better reflects technological developments and designers’ needs (EUIPO).

The reform rests on three central legal acts:

• EUDR – the newly codified EU Design Regulation, consolidating all design rules.
• EUDDR – the delegated regulation setting additional procedural rules.
• EUDIR – the implementing regulation providing detail on application and registration.

Together they deliver clearer rules, more streamlined procedures and greater legal certainty (EUIPO).

The two phases of the EU design law reform

The reform was implemented in two phases:

1. Phase 1 (1 May 2025): Entry into force of the new EU Design Regulation, with the core substantive changes — new terminology, expanded definitions, the repair clause and a revised fee structure .
2. Phase 2 (1 July 2026): Entry into force of the implementing regulation, which primarily modernises how designs are represented and filed before the EUIPO. Since then, the entire framework has been fully applicable (EUIPO).

New terminology: from Community design to EU design

The outdated “Community design” terminology has been replaced with modern EU language. The registered Community design becomes the registered EU design (EUD). Aligning the terminology with EU trade mark law creates consistency between the two protection systems (EUIPO).

The new design symbol Ⓓ

Holders of registered EU designs may now mark their products with a new symbol: the letter D in a circle (Ⓓ). Just like ® in trade mark law, it signals that a product is protected by a registered design (EUIPO).

Expanded definitions: protection for digital designs and animation

The reform makes design law fit for the digital economy. Two definitions were decisively expanded:

• “Design” now expressly covers movement, transition and animation. This means animated graphical user interfaces (GUIs) and other dynamic visual elements can be protected.
• “Product” extends beyond physical objects to include non-physical products materialised in digital form. Virtual goods, virtual environments, metaverse assets and purely digital products are therefore expressly protectable.

Software as such, however, remains excluded from design protection.

Modern representation of designs

A centrepiece of the second phase is more flexible representation of designs (EUIPO):

• Instead of the previous seven views, up to ten static views per design may now be submitted.
• The EUIPO accepts animated and dynamic file formats for the first time — such as MP4 for animations and OBJ and STL files for 3D CAD-based views.
• Visual disclaimers can be used to identify elements for which protection is not sought.

This allows animated GUIs, screen transitions, products with moving components and complex 3D shapes to be represented far more precisely.

Practical note: STL files store no colour or texture information, and CAD files may display differently depending on the software. Where colour, texture or material are essential, traditional static representations often remain the better choice. As many offices outside the EU do not accept dynamic formats, a static representation should also be filed for priority applications.

Simplified filing and examination procedure

Registering an EU design is now easier (EUIPO):

• All communication with the Office is now 100% electronic.
• The filing date requirements have been simplified and focus on clear identification of the design.
• The unity-of-class requirement for multiple applications has been abolished. Designs from different Locarno classes can be combined in a single multiple application of up to 50 designs.
• New grounds for refusal cover, among others, conflicts with public emblems and protected signs.

Important: changed deferment rules

For deferment of publication, the rule is now: if the deferment fee is not paid at filing, the application is rejected. After the 30-month deferment period expires, publication is automatic. To avoid this, the design must be actively surrendered before the deadline (EUIPO).

Stronger exclusive rights — including against 3D printing

The reform significantly expands the scope of exclusive rights (EUIPO):

• Protection is limited to what is shown in the application — only visible features are protected.
• Exclusive rights now expressly extend to 3D printing. This covers creating, copying and distributing files and tools that enable a protected design to be reproduced by 3D printing — for example unauthorised CAD or print files.
• EU designs can also be enforced against counterfeit goods in transit, even where those goods are not intended for the EU market.

The new repair clause

One of the most economically significant changes is the EU-wide harmonised repair clause. It clarifies that component parts used solely to repair a complex product and restore its original appearance — so-called “must-match” spare parts such as car body panels — are excluded from design protection (EUIPO).

The aim is a competitive spare-parts market and to promote sustainability through repair rather than replacement. However, anyone relying on the clause must meet certain requirements — in particular, they must clearly identify the manufacturer of the spare part so consumers can make an informed choice between OEM and aftermarket parts (Marks & Clerk).

New fee structure

Annex I to the EUDR introduces a clearer and more user-friendly fee structure (EUIPO):

• A single application fee covers both registration and publication.
• Flat-rate fees apply for additional designs in multiple applications.
• Renewal fees have been updated and increase significantly — particularly for later renewal periods.
• Many administrative fees have been abolished, reducing overall costs.
• All fees must be paid upfront.

Invalidity proceedings and national harmonisation

Invalidity proceedings have been clarified for greater predictability. Anyone challenging surrendered or lapsed designs must demonstrate a legitimate interest. Online substantiation of earlier rights is now possible, and a new fast-track examination procedure for invalidity applications has been introduced (EUIPO).

In parallel, Directive (EU) 2024/2823 (the “Recast Directive”) harmonises the national design laws of the Member States. Each national office sets its own implementation timeline; the final transposition deadline is 9 December 2027 (EUIPO).

What does the reform mean for businesses?

The EU design law reform opens up new protection opportunities, above all for technology companies, software and gaming firms, and manufacturers of connected products. At the same time, it calls for a rethink of filing strategy:

• Actively protect digital and animated designs — new formats now allow realistic representation for the first time.

• Review your portfolio strategy — higher renewal fees make it worthwhile to prioritise your most important designs.

• Keep an eye on deferment deadlines — automatic publication after 30 months requires active deadline management.

• Reassess the spare-parts business — the repair clause changes the enforceability of design rights in the aftermarket.

Conclusion

With full applicability since 1 July 2026, the modernised EU design law marks the start of a new era in European design protection. Clearer procedures, digital representation options, stronger rights against 3D-printing piracy and a harmonised repair clause make the system future-ready. Businesses should adapt their design strategy to the new rules now to avoid gaps in protection and make the most of the new opportunities.