New EU rules on “digital design”: costs, strategies, and opportunities for businesses

The reform of design law in the European Union introduces significant changes for businesses and professionals, with new rules on registration, costs, and protection of digital designs. Regulation (EU) 2024/2822, effective from May 1, 2025, and Directive (EU) 2024/2823, to be transposed by December 9, 2027, aim to modernize the system, offering greater flexibility and new protection opportunities. While Europe simplifies and strengthens design protection, businesses operating in international markets will need to adapt their strategies to ensure effective protection outside the EU as well. Discover in detail what is changing and the best registration and defense strategies for design in the global market.

New EU rules on registered designs: changes and costs

The reform of design law in Europe introduces significant changes for businesses and professionals, directly impacting registration strategies, costs, and the duration of protection. Regulation (EU) 2024/2822, applicable from May 1, 2025, and Directive (EU) 2024/2823, to be transposed by December 9, 2027, aim to modernize the European system by improving accessibility and clarity.

The main innovations include:

• Extension of protection to digital designs, including graphic interfaces, icons, and virtual elements.
• Update of the definitions of “product” and “design” to align with technological and market developments.
• Greater flexibility in multiple registrations, now also possible for designs belonging to different product categories.
• Reform of the spare parts regime, introducing new rules to promote competition and the right to repair.

The regulation establishes a uniform system across the European Union, eliminating disparities among national laws. The directive, however, must be transposed by individual Member States, allowing room for adjustments that could create regulatory differences between countries. This means that businesses will need to closely monitor legislative developments at the local level to ensure effective protection of their design assets.

A significant change concerns multiple registrations, which have become more advantageous. Previously, those wishing to protect a design applicable to different sectors had to submit multiple applications, incurring higher costs. Now, it will be possible to register multiple designs belonging to different categories with a single application, a valuable opportunity for those protecting logos, decorative patterns, or graphic interfaces applicable across various sectors.

The fees for multiple registrations remain unchanged, with costs of:

• €350 for one design,
• €525 for two designs,
• €1,050 for five designs,
• up to €5,125 for fifty designs.

While the initial registration is now more accessible, renewal fees will be significantly higher, increasing by up to 3-4 times for the third and fourth renewals. This will have a major impact on industries with short life cycles, such as fashion and furniture, where maintaining protection beyond 15 years could become too costly. For industrial design, branding, and products with long market presence, carefully assessing the economic sustainability of long-term protection will be crucial.

With these new rules, adopting a more strategic approach to registration becomes essential. Maximizing multiple registrations, evaluating whether to protect the design across multiple sectors, and carefully planning renewals are crucial choices to optimize costs and maximize protection. Additionally, businesses operating in international markets will need to closely follow the directive’s transposition in various countries to avoid gaps in protection.

The new "digital design": EU vs. US

The reform of design law in Europe strengthens and clarifies the protection of digital designs, updating the definitions of product and design to meet current market needs. While protection was already possible in the past, the new legislation explicitly states that virtual elements can also be protected, eliminating interpretative uncertainties and making registration more accessible.

According to Article 3 of Regulation (EU) 2024/2822 and Article 2 of Directive (EU) 2024/2823, the definition of “product” includes:

“Any industrial or handcrafted object, other than computer programs, regardless of whether it is incorporated into a physical object or exists in a non-physical form, including:

• packaging, sets of items, spatial arrangements of objects intended to create an interior or exterior environment, and components meant to be assembled into a complex product;
• graphic works or symbols, logos, surface decorative patterns, typographic fonts, and user interfaces.”

Consequently, virtual objects – such as graphic interfaces, 3D models for augmented and virtual reality, digital decorative patterns, and animated icons – can be protected as registered designs, provided they meet the requirements of novelty and individual character.

The definition of design has also been updated to include dynamic elements:

“The appearance of a product or part thereof as it results from its features, in particular lines, contours, colors, shape, surface texture, and/or materials, as well as its decoration, including movement, transitions, or any other type of animation of these features.”

This means that transitions, animations, and state changes – essential elements in user interfaces and interactive digital products – can now be protected. While in the past, the protection of such aspects was left to case law interpretation, the new legislation explicitly recognizes them, offering digital designers clearer and more effective protection.

In the United States, the Design Patent protects the ornamental design of an “article of manufacture” under 35 U.S.C. 171. However, according to USPTO guidelines, a digital design can only be patented if represented on a physical device. In other words:

• Graphic interfaces, icons, and animations can obtain a Design Patent, but only if depicted on a device such as a smartphone or computer screen.
• A standalone digital design (e.g., an icon without a reference to a physical medium) cannot be patented.

The USPTO clarifies this principle in its official guide for Design Patent applications:

“A computer-generated icon shown on a display panel is eligible for a design patent if the icon is embodied in an article of manufacture and is integral to the operation of the computer displaying it.” (See USPTO, Design Patent Application Guide, Sec. 1504.01 (a)).

In contrast, the EU does not require the design to be associated with a physical device. Regulation (EU) 2024/2822 allows for the registration of standalone digital elements, offering more flexible protection compared to the United States.

This regulatory difference has important strategic implications for those operating in the digital sector: in the EU, an interface or icon can be registered as a design independently of the support on which it is displayed; in the US, a reference to a physical device is required to obtain a Design Patent.

Companies operating in multiple markets will need to adopt a differentiated approach to protect their digital assets. Depending on the jurisdiction, it may be useful to:

• Register the digital design in the EU for broader protection without hardware constraints.
• Adapt the Design Patent application in the US by specifying the physical support on which the design is displayed.
• Combine multiple forms of protection, using trademarks and copyright for elements not covered by registered design protection.

What changes for Businesses with the New Symbol (D)

The reform introduces a new tool to strengthen the protection and commercialization of registered designs: the symbol (D). Starting from July 1, 2026, holders of registered designs will be able to use the letter “D” within a circle to indicate that their design is protected, in a manner similar to how registered trademarks are marked with the ® symbol.

Article 26-bis of Regulation (EU) 2024/2822 provides for this innovation with the goal of making design protection more visible and enhancing its commercial value. The symbol can be applied to products, packaging, promotional materials, and digital platforms, facilitating the recognition of exclusive rights and discouraging any attempts at copying or unauthorized use. Although optional, the symbol presents a strategic opportunity, as its presence strengthens legal protection and may simplify potential actions against those attempting to exploit a design without authorization. In case of a dispute, proving that the design was clearly marked as protected could play a decisive role.

The introduction of a new protection symbol also presents an interesting challenge from a typographic and communicative perspective. Currently, there is no official typographic version for representing the (D) symbol, leaving room for stylistic interpretations that could vary between industries and brands. Defining a visual standard will become crucial, especially to ensure clarity, legibility, and consistency across different contexts of use. Creating an icon that is immediately recognizable and easily integrated into physical and digital materials will be a challenge for typographic designers, akin to the introduction and spread of the @ symbol in digital communications.

For businesses, it will be important to integrate the symbol strategically into their communication and product protection. Some key decisions will need careful planning:

• Whether and where to apply it to products to ensure visibility without compromising the design.
• How to adapt it for advertising and digital materials so that it remains clear in online contexts.
• Whether to develop a customized version in line with their branding, while adhering to the regulations.

This change marks an evolution in the protection of registered designs, adding an immediate level of recognition that can enhance the commercial value of original creations. Companies will need to assess how best to leverage the (D) symbol to strengthen their visual identity and effectively communicate the protection of their design assets.

Design and International Protection: How the European System Compares with the USA, China, UK, and Japan

The European design reform has brought greater regulatory certainty and streamlined procedures, with amendments aimed at aligning the EU system with market and technological developments. However, design protection does not stop at Europe’s borders, and those operating internationally must confront various approaches to protecting designs and models.

In the United States, design is protected through Design Patents, which require novelty, originality, and ornamental character. Unlike the European system, the USA does not offer any protection for unregistered designs: the entire system is based on prior registration. This approach is also reflected in copyright law, which in the USA can be used to protect graphic and decorative elements such as icons and digital interfaces, provided they have sufficient originality. Unlike the Design Patent, Copyright does not protect the shape of functional objects but can be an additional protection tool for designers operating in the digital sector.

China has a system similar to that of the United States, based on Design Patents, but with even stricter rules. Protection is granted only if the design is entirely new and has never been disclosed, even by the owner, before registration. Moreover, China does not recognize any protection for unregistered designs, meaning that any design not registered in China can be freely copied. This makes it essential for Western businesses to register their designs in China before making them public to avoid losing control over their creations.

The United Kingdom, after Brexit, has maintained a protection system similar to that of the EU, with some differences. In addition to traditional registration, there is the Supplementary Unregistered Design Right (SUDR), which automatically protects three-dimensional shapes for three years, offering immediate protection without registration. However, this protection is more limited compared to the European system, which protects both two-dimensional and three-dimensional elements.

Japan stands out for its more flexible approach, allowing the registration of related designs, meaning subsequent variations of a primary design. This system is particularly useful for those developing products with frequent updates, as it allows the protection of all design evolutions without registering them separately.

These differences highlight the need for businesses to implement tailored strategies based on their target markets. While the EU’s harmonization of design law provides greater certainty within Europe, those looking to extend design protection globally must carefully assess the specific requirements of each jurisdiction.