Brussels, 6 December 2023
The Commission welcomes the provisional agreement reached last night between the European Parliament and the Council on the proposals for a revised Regulation and Directive on industrial designs. This agreement follows the Commission’s proposal of November 2022 and modernises the existing Community design framework and parallel national design regimes, which were created and harmonised 20 years ago. The new rules will facilitate business innovation and introduce a more balanced approach to design protection.
The provisional agreement reached last night: (1) frames the scope of the directive; (2) clarifies the rules of the ‘repair clause’; (3) sets the fees for registering a design at EU level; and (4) adjusts the transposition period for the directive on design protection.
The ‘repair clause’ specifically excludes replacement parts for complex products from design protection if used for repair purposes and exactly corresponding to the original. This aims to boost the spare parts market, providing consumers in the EU with more accessible repair options and potential savings of up to €544 million over 10 years. Moreover, it ensures a balance between the interests of consumers, design holders, and the replacement-parts industry. The ‘repair clause’ is added to the directive on the legal protection of designs, aligning it with both European and national designs systems, with an 8-year harmonized transitional period.
The European Parliament and the Council will now formally adopt the texts agreed last night. Member States will then have a period of 36 months to transpose the new rules of the directive for the legal protection of designs, while the regulation on EU designs will be applicable throughout the EU once it comes into force.
Source – EU Commission