Designs are an important part of intellectual property protection and we are so excited to see the changes brought about by the EU’s Design Reform!

Some changes being introduced in the near future include:

• Updated terminology: Community designs are now EU designs.
• A broader definition of ‘design’: it now includes animation.
• A revised definition of ‘product’: it now includes non-physical items (e.g. graphical user interfaces). Computer programs are excluded.
• An additional exclusive right: it now includes 3D printing. This means that that the creation, downloading, copying and making available of any medium or software which records the design for the purpose of reproduction of a product that infringes the protected design, constitutes use of the design which should be subject to the right holder’s authorisation.
• Two new limitations to exclusive rights:
  (a) acts carried out for the purpose of identifying or referring to a product as that of the design right holder.
  (b) acts carried out for the purposes of comment, critique or parody.
• A new repair clause: there is no protection for a design which constitutes a component part of a complex product for the sole purpose of the repair of that complex product so as to restore its original appearance.
• A design notice system: design holders or third parties authorised to do so can place a Ⓓ on their products to indicate that the product is a registered design.