May 1, 2025, brought significant changes to design protection in the EU. Here are three key updates no designer should overlook:
- New Ⓓ symbol: Similar to the ®️ symbol used for trademarks, owners can now mark products protected by registered designs with Ⓓ. This helps deter potential infringers and increases the legal certainty and value of the design. While using the Ⓓ symbol is voluntary, it is recommended on packaging, websites or marketing materials.
- Extended protection to 3D printing: It is now illegal not only to manufacture and sell unauthorised copies but also to distribute digital files that enable the creation of protected designs using a 3D printer. This update reflects current developments in production and visualisation technologies.
- Limits on exclusive rights: A new "repair clause" simplifies the rules for the design of replacement parts (e.g. car components) by legalising their manufacture for repair purposes without infringing design protection. Makers of replacement parts will no longer have exclusive rights to the appearance of those parts, opening the market to more suppliers and potentially lowering prices.
This reform represents only the first phase of modernisation. Further changes – including updates to the registration process – are expected in 2026. The EU is thus progressing toward a more streamlined, efficient and technologically advanced system of design protection.
By Hana Cislerova, Associate, JSK Law firm, PONTES
