Directive and Regulation proposals for the future of Community designs


The European Commission published the proposals for revised Regulation and Directive on designs. The two proposals now remain to be accepted by the European Parliament and the Council.

The proposals intend to modernize the Community designs which will now be designed designs of the European Union, in conformity with the trademark of the European Union.

Among other changes, it is worth noting that the definition of the design is amended to include the movement, transition or any other sort of animation.

Also, the visibility requirement seems to be discarded except for parts of a complex product. Protection is conferred upon the right holder for the design features of a product, in whole or in part, which are shown visibly in an application for a registered EU design and made available to the public by way of publication or consultation of the relevant file.

The Directive proposals will introduce administrative invalidation proceedings at national level.

Finally, it seems that official fees should be reduced: the headline fee for obtaining a single RCD would be reduced from EUR 350 to EUR 250.