Last week, we had the pleasure of hosting our colleagues Agustin Almaraz and Ruth Almaraz Palmero from Spain here in Stockholm. During their visit, we discussed key topics around EU design protection laws, including how they’re evolving with new technologies like AI and 3D printing, the challenges businesses face, and the impact on small businesses.

Here are some of the questions we discussed with Agustin and Ruth.

How do you think design protection laws in the EU will change with new technologies like AI and 3D printing?

The EU is actively updating its design protection laws to keep pace with technological advancements like AI and 3D printing. These reforms include changes to the EU Design Regulation and the Design Directive, with the aim of making the system more accessible and efficient for applicants. In terms of digitalisation, the updated requirements for representing designs will allow applicants to file new types of digital and virtual designs, such as graphical user interfaces (GUIs), animations, and light-based effects, including those created with 3D printing technologies. This broadens protection for innovative digital designs. In terms of efficiency, the reform package aims to make application procedures cheaper and simpler, and registration processes faster, while also ensuring greater predictability and legal certainty for stakeholders seeking design protection in the EU.

What are the main challenges businesses face when trying to protect their designs across different EU countries?

One of the main challenges is the high costs associated with filing and maintaining design protection, which can be prohibitive, particularly for small businesses and independent designers. Additionally, with advancements like 3D printing and digital designs, businesses must stay informed about new regulations and standards to ensure their designs are adequately protected, which can also be challenging. Furthermore, businesses may face difficulties due to inconsistent application of laws. Each EU member state may interpret and apply design protection laws differently, leading to inconsistencies and complications in cross-border enforcement.

How will recent updates to EU design law affect small businesses?

The recent updates to EU design law aim to make the application and registration procedures more affordable, which is particularly beneficial for small businesses with limited budgets. The reforms also simplify the application process, allowing small businesses to include up to 50 designs in a single application, thereby reducing administrative burdens and costs. Additionally, the latest reform enables small businesses to take action against 3D-printed copies and seize counterfeit goods in transit, thereby protecting their designs from unauthorised reproductions. Overall, these changes make it easier and more cost-effective for small businesses to safeguard their designs, fostering innovation and creativity.

Do you think the EU will introduce new rules to support sustainable design and eco-friendly products?

The EU has already introduced new rules to support sustainable design and eco-friendly products. The Ecodesign for Sustainable Products Regulation (ESPR), which came into force in July, 2024, is a key part of this initiative. The ESPR includes regulations on the circular economy and transparency requirements, and now covers all types of products, not just energy-related ones. Additionally, the ESPR mandates that products must be designed to be energy-efficient, durable, repairable, and recyclable. Apart from the ESPR, I don't believe any additional regulations will be introduced in the near future.

How should the EU approach the protection of digital or virtual designs, such as those used in apps or games?

I recommend that the EU continue to foster dialogue between IP rightsholders, IP offices, and other stakeholders to continuously adapt and enhance the protection of digital designs. It is crucial that future innovative designs are adequately protected and that filing processes are streamlined to accommodate digital designs. Strong enforcement mechanisms should be established to combat counterfeiting and unauthorised reproductions, especially with the increasing use of 3D printing. By addressing these aspects, the EU can create a robust system that effectively protects digital and virtual designs, supporting the growth of creative industries and technological innovation.

How do you think design protection laws in the EU will change with new technologies like AI and 3D printing?

The EU is actively updating its design protection laws to keep pace with technological advancements like AI and 3D printing. These reforms include changes to the EU Design Regulation and the Design Directive, with the aim of making the system more accessible and efficient for applicants. In terms of digitalisation, the updated requirements for representing designs will allow applicants to file new types of digital and virtual designs, such as graphical user interfaces (GUIs), animations, and light-based effects, including those created with 3D printing technologies. This broadens protection for innovative digital designs. In terms of efficiency, the reform package aims to make application procedures cheaper and simpler, and registration processes faster, while also ensuring greater predictability and legal certainty for stakeholders seeking design protection in the EU.

What are the main challenges businesses face when trying to protect their designs across different EU countries?

One of the main challenges is the high costs associated with filing and maintaining design protection, which can be prohibitive, particularly for small businesses and independent designers. Additionally, with advancements like 3D printing and digital designs, businesses must stay informed about new regulations and standards to ensure their designs are adequately protected, which can also be challenging. Furthermore, businesses may face difficulties due to inconsistent application of laws. Each EU member state may interpret and apply design protection laws differently, leading to inconsistencies and complications in cross-border enforcement.

How will recent updates to EU design law affect small businesses?

The recent updates to EU design law aim to make the application and registration procedures more affordable, which is particularly beneficial for small businesses with limited budgets. The reforms also simplify the application process, allowing small businesses to include up to 50 designs in a single application, thereby reducing administrative burdens and costs. Additionally, the latest reform enables small businesses to take action against 3D-printed copies and seize counterfeit goods in transit, thereby protecting their designs from unauthorised reproductions. Overall, these changes make it easier and more cost-effective for small businesses to safeguard their designs, fostering innovation and creativity.

Do you think the EU will introduce new rules to support sustainable design and eco-friendly products?

The EU has already introduced new rules to support sustainable design and eco-friendly products. The Ecodesign for Sustainable Products Regulation (ESPR), which came into force in July, 2024, is a key part of this initiative. The ESPR includes regulations on the circular economy and transparency requirements, and now covers all types of products, not just energy-related ones. Additionally, the ESPR mandates that products must be designed to be energy-efficient, durable, repairable, and recyclable. Apart from the ESPR, I don't believe any additional regulations will be introduced in the near future.

How should the EU approach the protection of digital or virtual designs, such as those used in apps or games?

I recommend that the EU continue to foster dialogue between IP rightsholders, IP offices, and other stakeholders to continuously adapt and enhance the protection of digital designs. It is crucial that future innovative designs are adequately protected and that filing processes are streamlined to accommodate digital designs. Strong enforcement mechanisms should be established to combat counterfeiting and unauthorised reproductions, especially with the increasing use of 3D printing. By addressing these aspects, the EU can create a robust system that effectively protects digital and virtual designs, supporting the growth of creative industries and technological innovation.