The new EU design legislation aims to modernize the EU design system, providing a design protection regime adapted to the era of digital design and emerging technologies. The second phase of the EU design reform will officially enter into force on July 1, 2026. This means that from this date, all new types of EU designs, including digital designs, can be filed for registration with the European Union Intellectual Property Office (EUIPO), and businesses and designers will be able to fully benefit from the new EU design regulations and their newly added accompanying provisions.

Following the implementation of the first phase of the EU design reform, 2025 became a record year for EU design applications, with the total volume of EU design applications exceeding 130,000 throughout the year. This figure represents the highest record in history since the EU introduced the design system in 2003, representing an increase of nearly 6% compared to the previous year. The primary applicants for EU designs originate from China, Germany, Italy, and the United States. Driven by the implementation of the second phase of the EU design reform and the upcoming opening of filings for digital designs and 3D designs, coupled with the continuous enhancement of design protection awareness within the EU, 2026 is also expected to be a crucial year in the field of European designs.

The European Commission and the EUIPO have been fully preparing for the implementation of the second phase of the EU design reform, while simultaneously formulating accompanying technical standards corresponding to various new types of designs.

The EU Design Implementing Regulation (EUDIR) and the EU Design Delegated Regulation (EUDDR) were adopted by the European Commission on January 15, 2026, and published in the Official Journal of the European Union on March 19, 2026, with both regulations applying from July 1, 2026. The EUDIR specifies the mandatory and optional information that must be filled in the EU design application documents, and contains a brief provision regarding the manner of design representation; the EUDDR prescribes the rules of procedure for design invalidity declaration proceedings and certain procedural norms. In addition, the European Parliament and the Council of the European Union officially adopted the codification act related to the new EU design regulation on March 11, 2026, and the text was published in the Official Journal of the European Union on March 30, 2026, likewise entering into force on July 1, 2026.

Meanwhile, the EUIPO is revising the Design Guidelines and drafting an Executive Director's decision document to regulate the brand-new technical standards for the submission of EU design representations. The EUIPO, in cooperation with the national intellectual property offices of the EU member states, has also formulated the Common Communication for Requirements and Means of Design Representation, which was officially adopted on June 3, 2026, establishing common minimum standards applicable across the entire EU for the harmonization of EU designs and national domestic designs. Related to this: the EUIPO has also included its non-confidential design files in the eSearch database, making them available and searchable in a manner similar to European Union Trade Mark (EUTM) files, which is a welcome improvement to the EU design system.

The following outlines the primary amendments to be implemented for the European Union Design (EUD) during the second phase (final phase) of the EU design reform:

Addition of New Types of EU Designs, Including Digital Designs

The scope of the definition of designs has been broadened to include transition effects, dynamic changes, and various animation effects. This opens a path for the protection of various digital designs, while also providing protection for brand-new features of product appearance, including graphical user interfaces (GUIs), such as visual effects generated by light or visual effects capable of bringing a specific user experience.

The provisions simultaneously clarify the definition of "product" to ensure that digital designs can obtain protection. Accordingly, the subject matter of protection includes not only tangible physical products but also non-physical (digital) products, encompassing various designs within digital spaces, all interactive interfaces, and virtual scenes.

From July 1, 2026, brand-new types of designs, such as dynamic and animated GUIs, user interface systems, and designs related to projection, holography, virtual reality, and augmented reality, can all be filed for registration with the EUIPO. However, at the current stage, these designs can only obtain protection by directly filing a design application with the EU.

Dynamic and Animated Representations of EU Designs

Driven by the implementation of the second phase of the EU design reform, from July 1, 2026, in addition to traditional static representations of EU designs, applicants may also submit representation materials in dynamic or animated forms. This means that new forms of design representation will be accepted, namely video files (MP4 format) used to present animation effects, and OBJ or STL format files used for 3D dynamic displays.

Animation-type representation materials such as videos can continuously visualize a design, showing dynamic changes, interface transitions, or various animation effects, which also include the transition process between multiple forms of a design; the animation itself belongs to the subject matter of protection of the design. 3D reproduction will allow users to show a design from multiple angles using 3D file formats. 3D file formats are best suited for representing the shape of a design, but are not suitable for representing its color or texture.

Only one dynamic or animated representation material may be submitted for a single EU design. The maximum capacity for a single 3D file or MP4 video file is 20MB; the upper limit for the total capacity of all materials within a multiple EU design application (containing up to 50 designs) is 1GB.

Both dynamic and animated representation materials require the use of a neutral background; and any external elements in the background must be eliminated or visually disclaimed.

Static Representation of EU Designs

In accordance with the Common Communication for Requirements and Means of Design Representation, the EUIPO will increase the number of static JPEG views allowed to be submitted per design from the current 7 views to a maximum of 10 views. This optimization measure has been widely welcomed by the industry, as applicants, in addition to submitting the basic set of views (perspective view, front view, back view, top view, bottom view, right view, left view), can supplementary submit additional views such as sectional views, exploded views, enlarged views, and multi-pose views. However, for designs that require more views to fully display the subject matter of protection, the upper limit of 10 views remains insufficient.

In addition to this, if it is necessary to claim priority for the aforementioned new types of dynamic or animated designs, static views still play an important role. If it is necessary to claim priority for this new type of design in jurisdictions outside the EU that only recognize static views, it is recommended at this stage that applicants submit static views and dynamic/animated reproduction forms simultaneously within a multiple design application (for example, taking snapshots of animation frames as static views).

The EUIPO Does Not Allow Hybrid Submissions of Static and Dynamic/Animated Representations

Out of considerations of legal certainty, and to avoid situations where the content of the design representation is contradictory before and after, the EUIPO does not allow combinations of static and dynamic or static and animated representation forms. As for whether the national domestic design systems of EU member states will open this hybrid submission model, it remains to be seen.

Therefore, in EUIPO applications, it is impossible to combine static and dynamic or animated representation forms within the same (single) design, and if an animation or 3D dynamic file is used as the design view, it is not permitted to accompany it with static views solely for reference. However, through multiple EU design applications, applicants can submit parallel (multiple) designs using different types of representation forms.

Allowing Modifications to Non-Essential Details of EU Design Representations

Following the submission of an EU design, a new option to make non-essential modifications to representations will be added. This will enable EU design applicants to respond to objections by submitting modified views that differ only in non-essential details, or by replacing certain views; this option can be used when responding to an objection regarding a non-neutral background. Similarly, the graphic representations of registered EU designs can also be modified in non-essential details after registration.

In contrast, the EU design no longer supports partial disclaimers or partial invalidity declarations. Once a request for a declaration of invalidity is sustained, the sole legal consequence is that the contested EU design is declared invalid as a whole in its entirety.

Revision of Product Indications for EU Designs

The product indication does not affect the scope of protection of an EU design; a registered EU design confers on its holder the exclusive right to use the relevant design for all types of products. Under current rules, if there is a discrepancy between the design and the product indication, the EUIPO examiner may modify the product indication ex officio.

Examiners can still change the product indication ex officio, but only in cases where the EU design applicant has selected this service in the application form. If it is not checked and a deviation exists between the two contents, the official authority will issue a deficiency notice, and the applicant must reply within the time limit. An example of a typical discrepancy: the applicant claims protection only for a partial appearance of a product, but the product indication specifies the entire product.

Fast Track for EUIPO Design Invalidity Proceedings

For cases where the design right holder does not contest the grounds for invalidity (i.e., will not submit written observations in response to the request for declaration of invalidity), a new fast track for invalidity proceedings will be established. Such cases will be prioritized for examination, and the cycle for making a decision will be shorter than that of regular design invalidity proceedings.

Since EU designs are not substantively examined for their novelty and individual character at the time of registration, the "Invalidity Fast Track" will be particularly useful in cases of design misappropriation or blatant infringement, as the legal design right holder's claims will usually not be challenged in such instances.

However, this expedited examination proceeding applies only to invalidity proceedings filed on the grounds of lack of novelty or individual character. Even if cases corresponding to other grounds for invalidity have simple facts and the opposing party fails to submit a defense (for example, the design contains a third-party well-known trademark), this fast track cannot be applied. In addition, when filing a request for a declaration of design invalidity, all factual bases must be fully attached, and merely submitting an invalidity application form is insufficient to initiate the proceedings; therefore, for invalidity applicants, this proceeding is not expected to significantly reduce application costs, and the effect of shortening the examination duration remains to be verified by practice.

The core amendment contents entering into force on July 1, 2026, have been summarized into a one-page summary document; the key revision points entering into force on May 1, 2025, have been summarized in this article, and the core impact brought about by this EU design reform has also been reported in previous special reports.

With the advancement of the second phase of the EU design reform, the subject matter that businesses and designers can obtain protection for is no longer limited to static images of products and digital creations. We have outlined the practical impacts to be considered for this EU design reform in past publications, and now propose the following recommendations:

1. Conduct internal briefings for designers, product R&D teams, design patent teams, and marketing departments, informing them that in addition to traditional static views, design protection can be applied for in the EU region through dynamic and animated representation materials;

2. Review the company's product lines and digital products for designs that can apply dynamic or animated forms of protection, focusing on upcoming new products and digital designs, while also covering designs that remain within the 1-year grace period for design novelty as of July 1, 2026. This type of design can strengthen the enterprise's enforcement capabilities against infringement, unauthorized use, and counterfeiting acts, particularly suitable for enforcement actions under digital scenes;

3. Consider submitting multiple parallel applications for the same design, combining static views with animation materials, or static views with dynamic materials respectively, which both strengthens the intensity of protection within the EU and facilitates the claiming of priority in jurisdictions that currently only recognize static views; such parallel sets of designs can be included in the same multiple design application;

4. Standardize the use of the registered design symbol Ⓓ according to applicable scenarios, and follow up on the implementation and use of the symbol, to enhance public awareness of products protected by designs, while simultaneously forming a deterrence against infringing parties.