With the implementation of the second phase of the reform on 1 July 2026, the process of updating the European design protection framework comes to an end. The reform has been aimed at adapting the system to current market needs and technological developments.
For more than two decades, the former Community design regime has provided a robust framework for protecting the appearance of products within the Single Market. However, that system was conceived in a context where design was primarily associated with physical objects and static representations. The emergence of new realities — graphical user interfaces, animations, virtual environments and products manufactured through 3D printing — had rendered some of its fundamental assumptions outdated. The reform, launched in 2024 and implemented in two phases, was specifically designed to address these challenges.
Although the second phase is less visible than the first, it is particularly significant because it develops and makes fully operational many of the innovations introduced by the reform. Its essence lies in the regulatory framework established through delegated and implementing acts, which set out how the new legal concepts must be applied in practice. In this respect, 1 July does not so much introduce a new philosophy as it marks the effective implementation of that philosophy within EUIPO procedures and the day-to-day practice of legal professionals.
One of the most significant changes is the profound transformation of the design representation system. Traditionally limited to a small number of static views — a maximum of seven — the new framework effectively removes that rigidity and opens the door to forms of representation that are far more aligned with today’s technological reality. Designs may now be represented through static images, three-dimensional models, animations or even videos, using generally available technologies. This is not a minor change: it represents a recognition that the appearance of a product may depend on movement, transition or interaction, rather than solely on its appearance at a specific moment in time.
This development has far-reaching consequences. First, it enables more effective protection for sectors that have historically been insufficiently covered, such as software, user interfaces and digital products. Secondly, it requires applicants to adopt a more sophisticated strategy when defining the subject matter of protection. It is no longer sufficient simply to submit images; it is now crucial to determine which format best captures the essence of the design and most accurately defines the scope of protection.
By Gabriel Castilla, Patent Technical Consultant, Engineering and Software Department, PONS IP
