Модернизация на правната рамка на Европейския съюз за закрила на промишлен дизайн и роля на регламент 2024/2822 на Европейския парламент и на Съвета за изменение на регламент (ЕО) № 6/2002 на Съвета относно промишления дизайн
Modernisation of the European Union’s Legal Framework for the Protection of Industrial Design and the Role of Regulation (EU) 2024/2822 of the European Parliament and of the Council Amending Council Regulation (EC) no 6/2002 on Industrial Design

Author(s): Antitsa Geneva
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: EU design law; Regulation (EU) 2024/2822; repair clause; digital and virtual designs; AI-generated designs
Summary/Abstract: This report analyzes Regulation (EU) 2024/2822 of the European Parliament and of the Council, which updates Council Regulation (EC) No. 6/2002 on Community designs. The Regulation is part of a design reform package that also includes Directive (EU) 2024/2823 of the European Parliament and of the Council of 23 October 2024 on the legal protection of designs. The reform modernizes EU design law by clarifying key concepts, such as “design” and “product,” reducing fees, implementing a permanent and unified repair clause, and broadening the scope of exclusive rights to include digital infringements, such as 3D printing. These updates align protection with the realities of the digital economy, improving accessibility for small and medium-sized enterprises. Nonetheless, the amendments raise some issues concerning specific omissions, such as AI-generated designs, despite their growing significance in the creative sectors, leaving questions about authorship, protection, and harmonization unresolved. Overall, the Regulation represents a significant step toward a future-proof EU design system; however, its effectiveness will depend on judicial interpretation and further clarification of emerging technologies.

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