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On 15 January 2026, the European Commission adopted two further measures to modernise the EU industrial design protection regime: Implementing Act (Implementing Regulation II) and a Delegated Regulation.
The Implementing Regulation lays down detailed rules for implementing certain provisions of Regulation (EC) No 6/2002 on Community designs, specifying the details required in applications for registered EU designs and related requests. The adopted text has not yet been released. Publication in the Official Journal is expected in the coming weeks, with expected application from 1 July 2026.
The Delegated Regulation supplements Council Regulation (EC) No 6/2002 with rules specifying the details of certain proceedings concerning registered designs, including amendment of applications, invalidity proceedings, and general formalities for proceedings before the Office. It repeals Commission Regulation (EC) No 2245/2002. The European Parliament and Council have until 15 March 2026 to object to the Delegated Regulation. Absent objection, it will be published in the Official Journal, currently estimated in late March or April 2026 and apply from 1 July 2026.
The ECTA Design Committee and its Design Law Reform task force have closely monitored these measures and will keep ECTA members further informed of new developments.
Katri Kiviniemi, Chair of the ECTA Design Committee, stated: "We appreciate the well-functioning legislative system in the European Union and the Commission's leadership in securing the functioning of our internal market. These changes will provide new opportunities for designers and design-intensive companies in the European Union and beyond. The ECTA Design Committee looks forward to sharing information on the coming changes and their practical implementation, working closely with the EUIPO and national offices of the EU Member States."
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