New Rules to Protect Product Designs

European Union Design Regulation – 2026

• The European Parliament adopted a resolution on 10 February 2026 to codify the EU’s design protection rules, replacing the old Regulation (EC) No 6/2002.
• The new Regulation (EU) 2026/… (exact number not given) sets out the rules for protecting the appearance of products, including lines, colours, shape, texture, animation and spatial arrangements.
• EU design: a design that is new and has an individual character.
• Protection types
• Unregistered EU design: 3 years from first public disclosure.
• Registered EU design: 5 years from filing, renewable in 5‑year periods up to a maximum of 25 years.
• Rights conferred
• Exclusive right to use the design and to prevent others from making, selling, importing, or displaying products that use the design.
• Unregistered designs give only a right to prevent copying.
• Requirements for protection
• Design must be new (no identical design publicly available before filing).
• Must have individual character (overall impression on an informed user must differ from existing designs).
• Functional features that are dictated solely by technical function are excluded.
• Application and registration
• File with the EU Intellectual Property Office (EUIPO).
• Must include a clear representation, product classification (Locarno system), and optionally a priority claim.
• Fees:
• Application: €350.
• Additional design in a multiple application: €125.5.
• Deferment of publication (up to 30 months): €40.
• Renewal fees: €150 (first period), €250 (second), €400 (third), €700 (fourth).
• International designation fee: €62 per design.
• Declaration of invalidity: €320.
• Other fees (licences, transfers, etc.) are listed in Annex I.
• Priority
• 6 months from filing in another EU or Paris Convention country.
• 6 months from first display at an officially recognised exhibition.
• Enforcement
• EU design courts have exclusive jurisdiction for infringement, invalidity, and related actions.
• Courts can order injunctions, damages, and other remedies.
• International jurisdiction rules (Regulation (EU) No 1215/2012) apply for cross‑border cases.
• Transfer, licensing, rights in rem, levy of execution, insolvency are all governed by the Regulation, with procedures for registration in the EUIPO register.
• International registration under the Geneva Act gives the same effect as a registered EU design.
• Entry into force: 1 July 2026.
• Repeal: Regulation (EC) No 6/2002 is repealed.