Industrial designs play a key role in the modern economy, contributing to innovation, competitiveness and economic growth. The European Union (the “EU”) recognizes the importance of protecting these intellectual assets and is constantly improving its legislation in this area. The package of reforms to EU design law is a response to the challenges posed by rapid technological development, globalization and the changing business environment. The aim of these reforms is to modernize the legal protection of industrial designs, ensure effective access to protection and increase the level of harmonization between the Member States.
This package of reforms not only increases the level of protection for designers and companies, but also contributes to a more transparent and accessible environment for the creation and commercialization of new products. It is also important that the reforms take into account the interests of small and medium-sized enterprises, which are the backbone of the European economy, by facilitating the process of registration and protection of designs.
What is an industrial design?
An industrial design is the result of intellectual and creative activity of a person in the field of artistic design. Relations arising in connection with the acquisition and exercise of ownership of industrial designs in Ukraine are governed by the Civil Code of Ukraine and the Law of Ukraine “On Protection of Rights to Industrial Designs” (the “Law”).
An industrial design may be the appearance of a product or a part thereof, which is determined, in particular, by the lines, contours, color, shape, texture and/or material of the product and/or its decoration.
An industrial design means a decorative, design or aesthetic aspect (design) of a product. Products are understood to mean a wide variety of industrial or handmade items, including parts intended to be assembled into a composite product, including: technical equipment and vehicles, fabrics and clothing models, jewelry and toys, packaging and furniture, tableware and food products, exterior design, graphic symbols and typographic fonts (elements). The International Classification of Industrial Designs includes more than 6,600 product names.
An industrial design may be granted legal protection as
– registered industrial design, if it is entered in the Register in accordance with the procedure provided for by the Law, or if it is granted legal protection in Ukraine in accordance with an international treaty ratified by the Verkhovna Rada of Ukraine;
– an unregistered industrial design, if it has been made public in accordance with the procedure provided for by the Law.
The acquisition of rights to a registered industrial design is certified by a certificate containing the image of the industrial design entered in the Register.
Package of reforms of EU legislation
On November 18, 2024, the EU Design Law Reform Package was published in the Official Journal of the European Union.
The legislative revision includes a new version of the Designs Directive and the Designs Regulation. The new provisions modernize design law to meet the challenges of the digital world, technological advances that significantly affect the way designs are created, presented and reproduced, and are intended to harmonize national laws of the Member States with EU law.
The main amendments clarify and expand the definitions of “industrial design” and “product”, as well as define the requirements for the scope of legal protection. The reform also provides for changes in the amount of fees for registration of industrial designs and their types.
It is expected that the new legal framework, modernized IT systems, updated templates and forms will provide a more streamlined and modern legal framework for the protection of industrial designs and the availability of such protection to users.
The amended Directive will enter into force on December 8, 2024 (20 days after its publication in the Official Journal of the EU). Member States will have 36 months to transpose it into their national law.
The Amending Regulation will also enter into force on December 8, 2024 (20 days after its publication), but its implementation will be phased in. Most of the changes will come into effect four months after the Regulation enters into force (Phase I), while the provisions that require further development through secondary legislation (implementing and secondary legislation) will come into force 18 months later (Phase II).
At present, when referring to an industrial design whose protection extends to the territory of the EU, it is correct to call it an “EU design” (EUD – European Union Design) instead of the previous name “registered community design” (RCD – Registered Community Design).
The EU design law reform package is an important step towards adapting the legal system to modern economic and technological realities. These changes are aimed at strengthening the legal protection of designers, simplifying registration procedures and ensuring greater transparency in the use of design rights. The harmonization of legislation between EU member states helps to create a level playing field for all market participants, which is especially important for small and medium-sized enterprises.
copyright / European Union / industrial design / intellectual property / reform
