The European Commission has published its report on the evaluation of EU legislation on design protection.

Overall, the report found that the EU legislation on designs works well and is broadly fit for purpose.

However, it also revealed some shortcomings that need to be addressed to make the legal framework fit to support the transition to a digital and green economy. Some changes are also needed to make the design system more accessible and efficient for industry, SMEs and individual designers.

The shortcomings identified include lack of clarity and robustness regarding subject matter, scope of rights and limitations, outdated or overly complicated procedures, inappropriate fee levels and fee structure, lack of coherence of procedural rules and an incomplete single market for spare parts.

MARQUES submitted comments to the public consultation, which was carried out in 2018/2019. The MARQUES Comments, and a Joint Paper submitted by IP associations, are available on the Position Papers page of the website.

More information about design protection in the EU is available on the dedicated page on the Commission’s website.

Sebastian Fischoeder, Co-Chair of the MARQUES Designs Team, says the report recognises several points raised by MARQUES, including the need for greater clarity and consistency, and the opposition to a general visibility requirement (except for component parts of a complex product).

Members can read more analysis from the Designs Team in the November issue of HouseMARQUES, which will be published later this month.