“Flash, camera, action.”

As we approach Milano Moda Donna Fashion Week 2026, it is the perfect time to shift the spotlight onto the legal architecture of design. Beyond the runways, the “legal architecture” of design is undergoing its most significant overhaul in two decades, driven by the European Design Reform (Regulation (EU) 2024/2738 and Directive (EU) 2024/2737).

Within intellectual property law, design is undergoing its most radical transformation in twenty years. Much like the EU AI Act, this reform ensures that European law doesn’t just react to technological shifts but anticipates them. From the rise of digital fashion to the challenges of 3D printing, the EU is building a fortress for creativity.

The European Design Reform is a game-changer for businesses protecting their competitive edge in a dematerialized market, and we are currently at the heart of this transition. While Phase I, which came into effect on May 1st, 2025, modernized definitions and simplified fees, Phase II is just around the corner on July 1st, 2026, bringing new standards for digital design representation.

The main goals of the reform

• Modernise, clarify, and strengthen design protection.
• Improve accessibility of design protection in the EU.
• Ensure enhanced interoperability of design protection systems in the EU.
• Harmonise the diverging spare parts protection regimes across the EU.

Key changes

The European Design Reform, in its Phase I, comes with several terminological and structural changes, such as the Community design court becoming the EU design court, or even the elimination or redistribution of articles across the Regulation to align with the structure of the EU Trademark Regulation.

But the most important changes are substantive. The reform broadens definitions, shapes notions, and innovates concepts, for the sake of modernizing the protection of designs and models in the EU.

• First, the definitions of design and product have been revised, a design being now
  • “The appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation.”, and a product being “Any industrial or handicraft item, regardless of whether it is embodied in a physical object or materialises in a non-physical form.”.  
• Second, the new rules decouple protection from “Usual usage” visibility for general products, basing eligibility solely on the registration’s representation, while maintaining the visibility requirement only for complex product components to support fair competition in spare parts.
• Third, the text clarifies the “repair clause,” ensuring that third parties can sell visible components for repair purposes, provided they restore the original appearance and don’t mislead consumers.
• Fourth, it tackles digital piracy: design owners can now explicitly prevent the distribution of digital files and unauthorized 3D printing.
• Fifth, it strengthens enforcement by extending protection to goods in transit through the EU, a vital tool against global counterfeiting.
• Sixth, the update offers greater flexibility, allowing up to 50 designs across different classes in a single filing and introducing new formats, such as 3D renderings and video.
  • From July 2026, the EUIPO will officially implement technical requirements for new file formats. Rights holders will be able to submit MP4 files or dynamic 3D renderings, allowing for the protection of movements, transitions, and environmental effects, which is essential for the next generation of smart products and digital wearables.

Furthermore, following the established practice of the ® symbol for trademarks, the reform introduces the Ⓓ symbol. This serves as formal notice to third parties of the design’s registered status, acting as a deterrent and a strategic tool in litigation.

European Union economic impact

With this reform, the EU confirms that IP really is the sinews of war in economic matters. Furthermore, according to IP and Innovation in European Sectors, a joint study led by the European Union Intellectual Property Office (EUIPO) and the European Patent Office (EPO), and published in January 2026, IP-driven industries contribute nearly half of EU GDP and create one in three jobs. Indeed, the study reports that these industries employ 65 million people out of around 208.7 million employed people and represents 47,9% of the EU’s gross domestic product (GDP).

Design, in particular, is not just about aesthetics; it is a growth engine that adds value to products, justifies R&D investments, and ensures the global recognition of European brands. That is why this reform marks a turning point in the EU’s design law framework, aligning it with the realities of a digital and interconnected economy.

For legal support and strategic guidance, contact ALLegal for more information on intellectual property protection.