Insights European Commission launches consultation on protection of industrial designs

The consultation seeks the views of all those affected by design protection in Europe on selected issues, such as whether rules on spare parts protection should be changed, as well as potential policy options in view of the review of the Community Design Regulation (6/2002/EC) and the Design Directive (98/71/EC). It is a public consultation directed at industry, businesses and designers who own or create designs (including individual designers), trade bodies and associations who represent design and creative industries, Member States and national IP offices, the legal profession, the judiciary, consumers and consumer organisations, and civil rights associations.

The review follows an exhaustive evaluation of EU legislation on design protection, which was supported by a comprehensive public consultation and two major economic and legal studies. The evaluation indicated that the rules are working well. There are, however, certain shortcomings that need to be addressed to modernise the legal framework and make it fit for the digital age.

The consultation is open until 22 July 2021 inclusive. To access the consultation, click here.

Expertise