EU design reform – from Phase 1 to Phase 2, and what next?

The European Union’s design reform package is a major evolution of the legal framework for protecting product appearance across the Single Market. Many sectors are affected: the reform offers consumer goods businesses (from fashion and accessories to homeware and electronics) clearer tools against digital copying and cross‑EEA reselling, while automotive manufacturers and the independent aftermarket receive long‑awaited certainty on “must match” spare parts. Some of the changes are already applicable from 1 May 2025, while others are coming into effect later. Here's our overview of where things currently stand and what's coming.

Recap: the legislative package and the reform phases

The package consists of two instruments:

• first, a directly applicable Regulation¹ (Regulation), with most amendments applying from 1 May 2025 (Phase 1) and a second set applying from 1 July 2026 (Phase 2); and
• secondly, a Directive² (Directive), which sets 9 December 2027 as a deadline by which Member States must have implemented the national‑law measures, with the repeal of the previous directive³ taking effect the same day.

On 15 January 2026, the Commission adopted two secondary acts, the Commission Delegated Regulation (EU) 2026/137 and the Commission Implementing Regulation (EU) 2026/138. These were published in the Official Journal on 19 March 2026, with most provisions applying from 1 July 2026 in support of the Phase 2 changes.

What changed with Phase 1?

Phase 1 was the principal tranche of substantive and procedural reforms, including:

• Updated terminology: “Community design”, “RCD” and “UCD” replaced respectively with “EU design”, “registered EU design” and “unregistered EU design”.
• A new design notice: optional “D‑in‑a‑circle” (Ⓓ) registration symbol to signal design right protection.
• EU-wide exhaustion of rights: once placed on the EEA market by or with the right holder’s consent, further intra‑EEA distribution cannot be opposed.
• "Product" definition expanded: now covers physical and non‑physical items, including packaging, sets, spatial arrangements, parts intended for a complex product, graphic works or symbols, logos, surface patterns, typographic typefaces and GUIs. The definition of “design” also expressly covers appearance resulting from (among other things) movement, transition or animation.
• Visibility clarified: design features must be disclosed in the application but need not be visible at a specific time or use‑situation to qualify; for components of a complex product, features must remain visible during normal use.
• Repair clause made permanent: “must match” parts used solely to restore original appearance are excluded from protection; duties include clear origin identification (no duty to guarantee end‑use).
• New ways to infringe: creating, downloading, copying and sharing and distributing to others any medium or software recording the design can be infringing (such as through CAD files or 3D printing).
• Limitations expanded: comparative advertising and uses for comment, critique or parody are permitted if compatible with fair commercial practices and not unduly prejudicial to normal exploitation.
• Grace period retained: disclosures by the designer (or based on their information) within 12 months before filing/priority, and disclosures resulting from abuse, do not defeat novelty/individual character.

Further, Phase 1 includes some important procedural reforms:

• Centralised filing: applications must be filed directly with the EUIPO, aligning practice with EU trade marks and discontinuing national-office filing routes for EU‑level protection.
• Filing‑date requirements: establishing the filing date now depends on timely fee payment; the application fee must be paid within one month of the filing date. If fees are not paid within that one‑month period, the filing date becomes the date on which the deficiency is remedied.
• Multiple design applications: the unity of class rule is abolished. Applicants may include up to 50 designs in a single application, with a simplified flat rate fee per additional design beyond the first.
• Deferment of publication: applicants may defer publication for up to 30 months from the filing date (or priority date, if claimed). They may surrender in time to prevent publication, and multiple applications must give clear per design instructions.

What will change with Phase 2 and beyond?

Phase 2, effective from 1 July 2026, finalises the system’s back office architecture and public facing records so that examination, register and publication mechanics fully reflect the Phase 1 reforms. This will include:

• Harmonised product indication requirements at filing: align with the Locarno Classification. Updated EUIPO forms and register fields will reflect this.
• New representation formats: modern file types and presentation options (including dynamic/animated content, video and computer modelling) so digital products can be shown faithfully. The subject matter of protection is determined by all the views in the representation.
• Tweaks to renewal fees: Annex I of the Regulation has two fee schedules, one applicable to renewals falling “before 1 July 2026”, the other “from 1 July 2026”. The figures are unchanged, but the later table aligns to Phase‑2 registry/publication mechanics.
• Seven‑view cap repealed: the legacy administrative cap on the number of views will be lifted, but views must collectively show the design consistently.
• Corrections of minor defects: limited inconsistencies or obvious errors in representations/particulars may be corrected without altering the design’s identity, subject to certain conditions.
• Invalidity front‑loading: invalidity applications must be filed with a reasoned statement and supporting evidence at the outset.
• New EUIPO formats and layouts: there will be new fields for the EUIPO register, a new layout for the Designs Bulletin, and new formats for certificates, extracts and certified copies.

Finally, one notable upcoming change will occur beyond Phase 2: from 9 December 2027, the Directive allows Member States to provide for specific grounds for refusal of registration in order to prevent the misuse of symbols of public interest; and establish specific grounds for refusal or invalidity to prevent the improper registration or misappropriation of elements of cultural heritage that are of national interest.

What should you do?

The Phase 1 changes have been in effect since 1 May 2025, so it's time to review and confirm compliance.

• Make sure you are using the updated terminology: “EU design”, “registered EU design” and “unregistered EU design”.
• Tighten filing‑date docketing, and ensure application fees are paid within one month to secure the filing date. Start aligning national filings with this practice, in anticipation that national laws will have to change by 9 December 2027.
• EU‑wide exhaustion is in effect: revisit selective distribution, parallel trade and refurbishment strategies, and ensure you consider the updated regime in settlement templates, inbound/outbound distribution agreements and border‑measures playbooks. Plan for the Directive’s harmonised exhaustion rules applying in Member States from 9 December 2027.
• Adopt the design notice: once your EU design is registered, deploy the Ⓓ symbol in packaging, manuals and online listings to strengthen deterrence and put would-be infringers on notice.
• Strengthen digital enforcement: update policies and pleadings to target creation, downloading, copying and making‑available of design files. Implement evidence‑capture protocols and standard takedown templates for platforms and repositories.
• Reassess the repair market: distinguish “must match” from “must fit” parts, implement clear origin identification, and plan for the Directive’s harmonised national repair clause applying from 9 December 2027 (with limited transitional protection only until 9 December 2032 where legacy national rights existed).

In anticipation of the arrival of Phase 2 and beyond:

• Standardise product indications to Locarno‑aligned terms, cleanse multiple‑application data for consistency, and road‑test updated EUIPO e‑forms and recordal templates so that filings, recordals and publication particulars match the Regulation’s Phase 2 registry mechanics.
• Monitor Member State transposition: in anticipation of the 9 December 2027 deadline, track national bills, consultation drafts and entry into force notices for the Directive to calibrate filing, enforcement and clearance strategies across priority markets.
• Track renewal fees during the phase‑in: before paying, confirm whether the Annex fee table “before 1 July 2026” or “from 1 July 2026” applies; adjust budgets accordingly and record the basis for selection in file notes for auditability. Monitor Member State transposition for any downstream effects on national procedures.
• Undertake cultural‑heritage clearances: for designs incorporating traditional motifs, artefacts or protected emblems, conduct enhanced clearance and, where appropriate, engage with cultural authorities in Member States.

The EU's new design regime demands action but also presents opportunities. DLA Piper can help you make sure that you are getting the most out of the new system. If you have questions regarding design rights, your IP portfolio, or anything else, do get in touch with the authors or your usual DLA Piper contact.

¹Regulation (EU) 2024/2822 of the European Parliament and of the Council of 23 October 2024 amending Council Regulation (EC) No 6/2002 on Community designs and repealing Commission Regulation (EC) No 2246/2002
²Directive (EU) 2024/2823 of the European Parliament and of the Council of 23 October 2024 on the legal protection of designs (recast)
³Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs