EU Design Law Changes in July: Is Your Protection Strategy Up to Date?

A change in EU design law will take effect on 1 July 2026, and it is worth taking into account when protecting product designs. Companies that anticipate this change will gain a significant competitive advantage in protecting their rights, defending them, and safeguarding their business.

This is not a minor technical adjustment: the reform brings substantially new opportunities, particularly for protecting digital products, animated elements, and user interfaces.

Behind this is Phase II of the EU design law reform, which enters into force on 1 July 2026. The first phase (in force since 1 May 2025) extended protection to digital and virtual products and clarified the spare parts exception. Phase II now introduces the procedural tools needed to utilise these rights in practice.

Read our earlier article on Phase I.

I) Content of Design Applications

The limit of seven views is removed

One of the most significant practical changes is the removal of the current limit of seven views per design application. The previous limit has been problematic, particularly for protecting digital user interfaces, animations, and multi-position products. However, it is expected that a specific maximum number will initially be set for technical reasons. In practice, this opens up entirely new dimensions, especially for technology, gaming, and software companies and their protection strategies.

Means of representing designs expand: design more freely

Previously, a design had to be represented as a black-and-white or colour drawing or photograph. Going forward, creativity is given more room: a design must be represented visually, whether in black and white or in colour, as a static or dynamic image, or as an animation, using any appropriate means through generally available technology. Examples mentioned include drawings, photographs, videos, computer imaging, and computer modelling.

However, the essential requirement remains that all features of the design for which protection is sought must be clearly visible. The overall impression formed by all different viewing angles and visual features determines what receives protection. The images used in a design application must therefore continue to be comprehensive and consistent, and clearly show any features that are disclaimed. A well-prepared application remains the key to success.

The above changes will enable significantly more flexible and expressive representation methods, for example for:

• graphical user interfaces (GUIs),
• animated elements,
• designs used in AR and VR environments, and
• multi-phase or moving products.

II) Procedures Evolve: Redesigning Processes

Phase II also aims to harmonise EUIPO practices and increase the predictability of processes. The reform also introduces more detailed rules for the processing of applications and invalidity proceedings.

Invalidity proceedings

A so-called “priority” stream for invalidity procedure will be introduced in certain situations where the EU design holder does not contest the grounds or claims for invalidity. In such cases, the Office will make a decision on invalidity as a matter of priority.

In addition, invalidity proceedings for EU designs will become more front-loaded. Going forward, an invalidity application must include reasoning on facts, evidence, and arguments for the invoked ground of invalidity. This change will protect against unfounded invalidity challenges, and invalidity applications are likely to become more thorough. Proceedings may also be expedited as the quality of applications improves.

“Correction” of applications

Going forward, it will be possible to correct EU design applications as well as already registered designs with regard to immaterial details. This enables the modification of images. As a result of the reform, the number of rejections due to technical reasons may decrease, as previously changes to applications were mainly possible only in respect of obvious errors.

Digital Design Takes Centre Stage: Design Knows No Boundaries

The reform clearly reflects the fact that design is no longer limited to physical products. Digital products, virtual objects, and animated user interfaces have become a central part of design protection.

In practice, this means that companies should reassess:

• which intangible elements are worth protecting through design rights,
• how digital products can be represented in applications, and
• how design rights are integrated into a broader IP strategy.

Particularly in the media, entertainment, sports, and gaming industries, the reform opens new opportunities to protect digital experiences and visual elements. Dynamic visual elements often shape user and fan experiences that are valuable to the popularity of products and services. Timely protection is also a significant competitive advantage.

What Should You Do Now? Shape Your Strategy in Time

As Phase II enters into force as early as 1 July 2026, now is the right time to act. Proactive companies will gain a competitive edge. Practical steps may include, for example:

• reviewing and updating design portfolios and application strategies,
• assessing the protection needs for digital and animated elements,
• reviewing contractual and licensing terms,
• updating the strategy for addressing IP infringements in the digital environment, and
• preparing new EU design applications for filing on or shortly after 1 July 2026.

At the same time, it should be noted that Member States must implement the revised Design Directive into their national legislation by December 2027 at the latest. This means that further changes can also be expected at the national level in the coming years.

Consumers increasingly encounter brands in digital environments, and the significance of digital elements as corporate brand assets continues to grow. Design protection is an effective way to ensure that your company’s design solutions remain in your own hands and stand out from the competition. A properly structured protection strategy prevents imitation, enables concrete action in cases of infringement, and creates a lasting competitive advantage in an increasingly digital market environment.

Our experts are happy to assist with all questions related to the protection of design rights and other intellectual property rights. The best protection strategy for your company is shaped together.