FOR INFORMATION:

• the European Commission has adopted and published a new Commission Delegated Regulation supplementing Council Regulation (EC) No 6/2002 on European Union designs (see attached), which lays down detailed procedural rules concerning registered EU designs, in line with the recent reform of the EU Design framework.

The new delegated Regulation will apply from 1 July 2026.

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MORE INFORMATION:

The new rules form part of the recent reform of the EU design system and aim to:

• streamline and modernise procedures before the EU Intellectual Property Office (EUIPO);
• increase legal certainty and transparency for users;
• align design procedures, where appropriate, with those applicable to EU trade marks;
• prepare the system for exclusive electronic communication with the EUIPO.

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Main areas covered

The Delegated Regulation introduces detailed provisions on:

• amendments to design applications in immaterial details;
• applications for a declaration of invalidity, including admissibility and examination;
• priority (fast-track) invalidity proceedings in uncontested cases;
• multiple invalidity applications relating to the same design;
• notifications and communications by electronic means;
• calculation, extension and expiry of time limits;
• appeals, oral proceedings, taking of evidence and representation before the EUIPO;
• cancellation or revocation of entries and decisions.

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NEXT STEPS:

The Regulation will enter into force 20 days after its publication in the Official Journal of the European Union and will apply from 1 July 2026, in parallel with the amended EU Design Regulation. Transitional provisions apply to proceedings initiated before that date.

FESI will continue to monitor the implementation of the new framework, including forthcoming EUIPO guidelines, and will keep members informed.