Are changes expected in the EU design legislation?
On 6 November, the European Commission has published its report on the evaluation of EU design protection framework. Overall, it still broadly fits for purpose. But it should be adapted to the digital and green transitions underway (e.g. uncertainties regarding the possibility to protect graphical user interfaces or icons as designs). The shortcomings include in particular lack of clarity and robustness on the certain key elements of design protection (subject matter, scope of rights and limitations), outdated or overly complicated procedures, inappropriate fee levels and fee structure, lack of coherence of the procedural rules and incomplete single market for spare parts.
