Everything you need to know to protect your designs in 2025
The Council and the European Parliament have amended the regulation on protecting designs in order to modernise the legislation, make registration easier and harmonise the national and European Union rules and procedures.
The new regulation, which will be applicable throughout the entire EU, is expected to come into force in February 2025, and the Member States will have 36 months to adopt the measures.
We highlight some of the most important aspects of the new regulation.
The new regulation entails significant changes that affect the protection of designs. The five most relevant changes are:
- Registered and unregistered designs will have a new designation.
- It will be possible to include more designs in a single application.
- As of 2025, there will no longer be the option to file a sample that represents the design, and there will be the option to file applications in digital and video formats.
- The digital designs that will remain in the metaverse or NFT’s will receive protection.
- Lastly, a new specific clause is created that will liberalise the spare parts market.
What does protection of a design provide?
Protecting a design is essential in today’s world and in a global and competitive market. The visual appearance of a product is the determining factor when a consumer makes a purchase decision, which is why you need suitable protection for your designs. These are three benefits to design protection:
- Competitive advantage: a protected design can provide a company with a competitive advantage against their competition. Not only will it help position the product on the market, but it will also improve how it is perceived and generate client loyalty.
- Increase the company and product value: a portfolio of protected designs can increase the attractiveness of the company to investors and business partners, since the protection of designs can increase the value of the company on the market.
- Improvement of the economic return: by protecting a design, companies will increase the positioning and recognition of their products, which allows them to increase the sale value of their products, eventually achieving the economic return on their investment.
This is why it is important to have strong protection for designs against copies and imitations.
Discover the 10 key points of the new regulation affecting your designs.