The preceding legal framework of EU design regulation, enacted over two decades ago, was rendered insufficient in response to the exponential acceleration of new technology. Therefore, this legislative reform was essential to protect industrial creations adequately within the digital era.
Legal Framework
On November 18, 2024, the European Union published two key texts reshaping design protection: Regulation (EU) 2024/2822 and Directive (EU) 2024/2823.
The new regulation will enter into force in two phases: the first phase is already effective since May 1, 2025, and the second phase will enter into force on July 1, 2026. The Directive has to be transposed by Member States by December 9, 2027.
The most innovative aspect of this package is the statutory extension of design right protection to digital and animated creations. This paradigm shift is codified through the redefinition of « design » and « product » within both the Regulation and the Directive, thereby broadening the scope of protection for both Registered and Unregistered Community designs.
I. Extension of design right protection
Graphical User Interfaces (GUIs) :
Article 3(2) of the Regulation expands the definition of « product » to encompass digital interfaces and elements. This confers registrable design protection on graphical user interfaces, including mobile application layouts, software dashboards, and navigation systems.
The criteria for protectability require the design to possess both novelty and individual character. Under the statutory test, the design must produce a different overall impression on the informed user compared to any prior art.
Animated design:
Article 3(1) extends the definition of « design » to include animation, thereby encompassing temporal visual elements previously excluded from protection.
Registrable design now includes: micro-interactions, transitional animations, animated logos, and interface transitions, provided these elements possess individual character.
The reform protects the appearance of animations, not their technical function. According to the “technical function exclusion principle” in design law, elements dictated exclusively by technical function are excluded from design rights protection. In illustration, (mandatory loading time, ergonomic necessity), remains excluded from design rights protection.
Virtual environnement creations:
The reform provides statutory protection for digital assets in virtual and augmented reality environments, including: three-dimensional objects for metaverse applications, avatar appearances, virtual architectural elements, and visual representations associated with non-fungible tokens. This framework addresses developments in Web3 and immersive technology.
Product parts and patterns:
The reform clarifies protection for design fragments: isolated components like distinctive handles, original buttons, or specific textures; repetitive patterns for 3D printing, technical textiles, and architectural surfaces; and characteristic textures and finishes.
This evolution particularly interests the 3D printing, industrial design, and fashion sectors.
II. New design form representation
The prior legal framework imposed a limit of seven static images per application for registration, making the recording of animated designs practically impossible.
When the second phase of the New Regulation enters into force on 1 July 2026, the regulation will abolish the seven-view limit. The exact number of views allowed to be set out in secondary legislation. Likewise, it will be possible to represent a design in digital form (e.g., JPEGs, MP4s) in the application as an alternative to using static images. The Directive extends digital filing capabilities to national registered designs by December 9, 2027
III. New forms of infringement
Article 19(2)(d) of the Regulation introduces new infringement categories linked to digital modalities: creating, downloading, copying, and sharing or distributing any medium or software that records the design to enable manufacturing of a product incorporating that design.
All steps toward material or digital reproduction of the design now fall within exclusive rights. Online platforms and intermediaries can be recognized as infringers if they participate in such acts.
The inclusion of « software that records the design » raises significant concerns. Since software cannot distinguish between self-created, free, and protected designs, this provision could potentially render the software itself illegal. How this regulation will affect 3D printing technology and its dissemination remains to be seen.
IV. The Reform’s Silence on Artificial Intelligence
Notably, the new European design package does not substantively address AI. The only AI reference in the package appears in Article 16.2(d) of the Directive and Article 19.2(d) of the Regulation, with the phrase « including through artificial intelligence » added in the final text versions. Recital 27 of the Directive explains that this provision addresses the increasing use of 3D printing technologies across industrial sectors, including through AI, and the resulting difficulties for design rights holders seeking to prevent illicit copying.
Courts and intellectual property offices will therefore determine whether AI-generated designs can receive design law protection.
Infringement may occur if an AI generates a design that gives the same overall impression as a pre-existing, human-made design. In such cases, the infringement liability would likely fall on the person who programmed the AI, rather than the AI system itself.
Conclusion
The EU Design Law Reform of 2025 is a vital modernization that extends protection to the digital age. By redefining « design » and « product, » the Regulation and Directive now cover Graphical User Interfaces (GUIs), animated elements, and virtual assets. The reform also simplifies registration through digital formats and creates new infringement categories for digital reproduction. The issue of AI-generated design protection remains unsettled.
References:
- https://www.euipo.europa.eu/fr/designs/design-reform-hub
- https://eur-lex.europa.eu/eli/reg/2024/2822/oj/eng
- https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202402823
- https://www.matteoda-propriete-intellectuelle.fr/reforme-droit-dessins-modeles-2025-proteger-creations-digitales
- https://www.twobirds.com/en/insights/2025/germany/die-reform-des-eu-designrechts-schneller-schutz-fr-schnelle-mode
- https://www.taylorwessing.com/en/insights-and-events/insights/2025/03/bu-eu-design-reforms-what-can-now-be-protected-as-a-design
Étudiante en Master 2 Droit de l’économie numérique, je me spécialise dans l’intersection entre nouvelles technologies et propriété intellectuelle, avec un intérêt particulier pour les enjeux juridiques du secteur créatif.
