Your design deserves protection: what does the new European legislation change?

Interior design, loading animation, design of your online page or graphic user interface. All of this can now be protected as European design. From July 1, 2026. The new EU design rules apply in full. According to EUIPO, this is the most significant change in the field in over twenty years.

Design is no longer just „something that we can touch"

Until now, legislation spoke of the protection of a product that was largely perceived as a physical object: a chair, a lamp or a packaging. The new rules expand the scope. The protection now explicitly covers animation, movement and transition, as well as digital products, For example, graphical user interfaces.

Here are a few examples:

• An app for food delivery with a typical menu and icon arrangement.
• An animated logo that „comes to life" when the website is opened.
• Arrangement of an exhibition stand or shop.

If your product looks different and its exact appearance is the reason customers prefer it, it probably deserves protection. Of course, in order to receive protection, the object must also meet all the other legal requirements for novelty, originality, etc.

Easier and more modern submission

The reform makes the procedure more convenient. Everything is kept in order entirely electronically. Applications can now be submitted 3D files and video, These show the design from all sides, as well as up to 10 static images. This makes the design much clearer.

To this are added two practical conveniences:

• One application can include up to 50 designs, Even if they are for different types of products. This is convenient for an entire collection.
• Fees are simplified. There is a registration and publication fee, as well as fixed fees for additional designs in a multiple application, and many administrative fees have been eliminated.

Stronger protection against copying

The new rules explicitly include 3D printing. The holder's rights cover the creation, copying and distribution of copies made on a 3D printer. The possibilities for action against goods passing through the EU have also been improved.

Owners of a registered European design can mark their products with the symbol Ⓓ. It shows competitors that the design is protected.

What you need to know to avoid missing the protection

Only those features of the design's appearance that are visibly represented in the application are subject to protection. Therefore, well-prepared images are important. There is also Restrictions. For example, it is permitted for a design to be the subject of quotation, criticism and parody. A uniform European „repair clause" has also been introduced, according to which spare parts that serve only to restore the original appearance of a complex product are not protected as a design.

If you want to keep the design secret until the start of sales, you can postpone its publication for 30 months. The new rules are stricter: the late filing fee must be paid at the time of filing, and publication automatically takes place at the end of the deadline.

Why not wait?

Design is often the first thing a customer notices, and the first thing competitors copy. Registering gives you clear evidence that you are the owner, and the possibility to act against copying across the entire European Union.

Do you have a new product, app, collection or visual identity? Contact us. We will review your idea, assess what can be protected and help you prepare and submit the application.

This article is for informational purposes only and does not constitute legal advice.

AUTHOR: ADV. EVA GEORGIEVA

Image source: Canva