The EU Council and European Parliament reached a provisional agreement on the designs package on 5 December, paving the way for updates to the directive on the legal protection of designs and the regulation on Community designs.

The changes include the renaming of RCD to EUCD, changes to the definition of design, adjustments to the fees and the introduction of a registered design symbol. The revised directive will also include a new repair clause.

The repair clause excludes from design protection replacement parts for a complex product if they are used to restore its original appearance. It only applies for repair purposes and if the replacement part looks exactly like the original piece (such as a damaged door, or a broken light of a car that should be replaced to make the car look as it was). This clause aims to liberalise the spare parts market and ensure that more accessible spare parts for repair are available to consumers. It provides for an eight-year transition period.

The agreement now needs to be endorsed and formally adopted by the Council and Parliament.

MARQUES has worked alongside ECTA and INTA to provide substantial input during the discussions on the design reform, and the Designs Team held a workshop with speakers from EUIPO during the recent Annual Conference in Berlin.

More information about the reform package is available on the Designs Team page. The Team will provide further analysis once more details are available.

You can find out more in the meantime on the European Council website.