INTA and European User Associations Submit Joint Comments on Design Law Reform Legislation

INTA’s Designs Committee has continued to lead the Association’s collaboration with European user associations—the European Communities Trademark Association (ECTA) and MARQUES—through joint comments on the European Commission’s draft legislation for reform of design laws in the European Union, submitted to the European Commission in January.

These proposals follow eight years of public consultations and reviews on a wide range of topics, from substantive and procedural issues to new technologies such as 3D printing. Back in 2018, the three associations produced a comprehensive joint paper which set out their agreed positions on areas for reform of the EU’s design laws. The group followed that paper with various other joint responses and comments on specific aspects of the proposed reform, acknowledging that, on the whole, the EU’s design systems work well.

In these most recent joint comments, which came following a detailed review and discussion of the draft legislation, the three associations welcomed many of the reforms being introduced, such as the greater harmonization of substantive and procedural laws across the EU, modernization of the law to more clearly provide for digital designs, and the removal of the “unity of class” requirement for multiple applications.

The associations drew the Commission’s attention to some aspects of the text where, in their opinion, changes are required. The Designs Committee will continue to work with ECTA and MARQUES to jointly represent the needs of users in this reform as it continues its legislative journey through the European institutions.

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