By CrossBorder IP · Published September 25, 2026
Design rights are the most underused tool in many companies’ international IP portfolios. They are fast, relatively inexpensive, and protect exactly what customers see — the shape of a product, the look of a user interface, the visual identity of packaging. In Europe, they just became considerably more powerful.
The EU design reform — the biggest overhaul of European design law in two decades — has been phasing in since May 2025. With Phase 2 taking effect on July 1, 2026, the reformed regime is now fully operative. For product companies, SaaS and app developers, and e-commerce brands, it changes what you can protect, how you file, and how you can stop counterfeits. Here is what changed and how to update your strategy.
| Phase | Effective | Key changes |
|---|---|---|
| Phase 1 | May 1, 2025 | Community designs renamed EU designs; new registered-design symbol; rights against 3D-printing files and counterfeits in transit; permanent repair clause for spare parts; multiple applications across different product classes |
| Phase 2 | July 1, 2026 | New representation rules (no seven-view limit, modern file formats including video for animated designs); procedural and invalidity updates; revised fee structure |
Alongside the EU-wide regulation, a companion directive harmonises national design laws across member states, which have until December 2027 to implement it.
The reform expressly brings digital products within design law. The definition of a design now covers movement, transition, and animation, and the definition of a product extends to non-physical items such as graphical user interfaces, icons, digital creations, virtual goods, and even spatial arrangements like store layouts.
For software and app companies, this is the headline: animated interfaces, transitions, and other dynamic visual elements can now be protected as registered EU designs, filed using video and other modern formats rather than a handful of static views.
Under Phase 2, applicants are no longer limited to seven views per design, and representations can be filed in formats suited to the subject matter. That makes it far easier to capture a UI animation, a product shown from every angle, or a virtual object accurately — and accurate representation is the foundation of a design you can actually enforce.
This dovetails with trends elsewhere. China’s revised Trademark Law, effective January 1, 2027, makes motion marks registrable, as we discuss in China’s New Trademark Law. Brands with animated logos and interfaces now have options on both trademark and design fronts in two of the world’s largest markets.
A registered EU design now lets its owner act against the creation, download, copying, sharing, or distribution of digital files or software that enable a protected design to be 3D printed. Before the reform, enforcement focused on physical products; now the file itself can infringe. For consumer products, spare parts, toys, and accessories, that closes a fast-growing loophole.
Design holders can now stop infringing goods passing through the EU even when they are not destined for sale there, bringing designs into line with EU trade marks. For brands fighting counterfeit flows routed through European ports and hubs to other markets, this adds a meaningful new interception point — and pairs naturally with customs recordation, which we covered in De Minimis Is Gone.
Owners can now use a registered-design symbol (a capital D in a circle) to signal protection, which supports deterrence on product pages and packaging.
The reform makes permanent a repair clause excluding certain spare parts from design protection. The exclusion covers must-match parts — components of a complex product, like a car body panel, used solely to restore the product’s original appearance. Sellers relying on the clause must tell consumers the commercial origin and manufacturer of the part. Member states that protect spare parts nationally can continue to do so for designs applied for before December 8, 2024, but only until December 9, 2032.
For manufacturers of complex products — automotive, appliances, consumer electronics — this means design protection for replacement parts will erode over time. For aftermarket parts businesses, it opens opportunities, subject to the disclosure requirements.
Multiple applications can now combine designs for different product classes, up to 50 designs per application. The basic fee for a single design remains EUR 350, with a reduced fee of EUR 125 for each of the second to tenth designs in a multiple application. For companies with families of related products or interface elements, bundling can materially reduce cost.
Pro tip: Design applications in the EU are registered without substantive examination of novelty, so they issue quickly — but that also means validity is tested only when challenged. File clean, complete representations, and keep evidence of your design’s creation date and development in case you need to defend it.
Design protection differs significantly by market. In the US, the equivalent right is a design patent, which is examined, slower to obtain, and governed by different rules on graphical interfaces. Through the Hague System, a single international application can cover the EU and many other jurisdictions, including the US, Japan, Korea, and China, but each office applies its own requirements. Timing matters too: the EU offers a twelve-month grace period after your own disclosure, while some other systems are less forgiving, so a product launch can quietly destroy protection elsewhere if filings are not coordinated.
Combined with the Unified Patent Court’s growing role in European enforcement, discussed in Filing Patents in Europe in 2026, the reform makes Europe one of the most attractive regions to build design protection — provided filings are planned rather than reactive.
The reformed EU design system is built for the way products are designed, sold, and copied today: digital interfaces, animation, 3D printing, and global supply chains. It is now fully in force, cheaper for portfolios, and backed by stronger enforcement. Companies that treat design rights as an afterthought are leaving one of Europe’s most efficient protections on the table. If you want a review of how your products, interfaces, and packaging map onto the new regime — and how to coordinate EU filings with your US and Asian strategy — that is exactly the kind of cross-border planning we do.
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Book a Free Strategy CallAbout the Author
Cameron Reid is the cofounder of CrossBorder IP, where he advises SaaS companies, tech startups, e-commerce brands, and in-house legal teams on international IP strategy. With over 20 years of experience spanning Big Law, in-house counsel roles, and startup advisory, Cameron specialises in helping businesses protect and scale their IP globally — particularly across the US, Europe, and Asia-Pacific markets.
Disclaimer: This article provides general information about IP strategy and should not be relied upon as legal advice. IP laws vary significantly by jurisdiction and every business situation is unique. Consult qualified counsel about your specific circumstances.