Modernisation of the Legislation on Industrial Design Protection

Industrial design rights protect the appearance of a product, which results from attributes such as its shape, colours or materials.

The Commission adopted two (package) of proposals for a revised Regulation and Directive that aim to make design protection cheaper, quicker, more efficient and accessible. The proposals follow the Intellectual Property Action Plan, adopted in November 2020, which aims to revise the EU legislation on design protection.

The two proposals will:

• Modernise existing provisions to clarify rights in terms of scope and limitations
• Simplify and streamline the procedure for the EU-wide registration of a design
• Harmonise procedures and ensure complementarity with national design systems
• Allow reproducing original designs for repair purposes of complex products
• Adjust and optimise the level and structure of payable fees

As a next step, the proposals will now be transmitted 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.