EU Design Regulation Phase 2 (germany): What German Businesses Must Do Before 1 July 2026

Phase 2 of the EU Design Regulation takes effect on 1 July 2026, introducing expanded registrable subject matter, new digital and 3D representation standards, and revised filing procedures that directly affect every German business holding or contemplating design rights. The reformed Regulation (EU) 2024/2822, which entered into force in its first phase on 1 May 2025, is now supplemented by Implementing Regulation (EU) 2026/138 and a Delegated Regulation that together reshape how designs are applied for, represented and enforced across the EU. Germany’s national Designgesetz will itself need amending once Design Directive 2024/2823 is transposed, with a Member State deadline of 9 December 2027, but the EU-level changes under the EU Design Regulation in Germany take practical effect much sooner.

This article provides a practitioner-level compliance checklist, sector-specific filing examples, and enforcement templates to help IP managers, in-house counsel and SMEs act before the deadline.

Immediate actions German businesses should complete before 1 July 2026:

• Audit existing design portfolios, identify registrable gaps that the expanded scope now fills.
• Prepare digital and 3D representations, align file formats and metadata with Implementing Regulation (EU) 2026/138 standards.
• Update internal filing SOPs, reflect the fact that EU design applications can no longer be filed via the DPMA and must go directly to EUIPO.

Quick Overview, What Changed in the EU Design Reform (Phases 1 and 2)

The overhaul of EU design law is the most significant reform in the field since the original Community Design Regulation entered into force in 2002. It was enacted through two parallel legislative instruments adopted in 2024 and is being rolled out in two phases.

Phase 1 brought the core amendments in Regulation (EU) 2024/2822 into force on 1 May 2025. These changes included updated terminology, “Community design” is now formally an “EU design”, along with revised substantive provisions on novelty, individual character and grounds for invalidity. Phase 1 also ended the possibility of filing EU design applications through national offices, a change the German Patent and Trade Mark Office (DPMA) flagged in its Notice No. 1/2025.

Phase 2, effective 1 July 2026, activates the secondary legislation that makes the reform fully operational. The two key instruments are Implementing Regulation (EU) 2026/138, which lays down detailed rules on EU design applications and registrations, and the accompanying Delegated Regulation. Together they govern expanded registrable subject matter, digital and animated representation formats, and procedural rules for amendments and cancellations.

Key Legal Instruments at a Glance

• Regulation (EU) 2024/2822, the amended EU Design Regulation (primary act; Phase 1 provisions in force since 1 May 2025).
• Directive (EU) 2024/2823, the new Design Directive harmonising national laws; transposition deadline 9 December 2027.
• Implementing Regulation (EU) 2026/138, detailed rules on applications, representations (static, dynamic, animated) and registration procedures; applies from 1 July 2026.
• Delegated Regulation, supplementary provisions on fees, classifications and procedural detail; likewise applies from 1 July 2026.

What Phase 2 Specifically Adds, Expanded Registrable Subject Matter and Representation Rules

Phase 2 of the EU Design Regulation is the point at which the reform’s broadened scope becomes practically usable. Implementing Regulation (EU) 2026/138 specifies the content of applications and provides that designs may be represented in static, dynamic or animated form using generally available technology. This is a fundamental shift: under the old framework, static two-dimensional views were the only accepted medium for most filings.

The expanded definition of registrable designs now explicitly encompasses subject matter that the previous regime covered only ambiguously or not at all. Graphical user interfaces (GUIs), icons, animated transitions, typographic typefaces, and the visual appearance of digital products are now clearly within scope. The same applies to component parts used in complex products, modular or combinational designs, and surface patterns or ornamentation considered independently from the product to which they are applied.

Examples by Sector, What Becomes Registrable in Germany

• Fashion and textiles. Surface patterns, textile prints and the visual appearance of garments can be registered not just as applied to a specific product but also as stand-alone designs. Fast-fashion businesses that previously relied on unregistered Community designs can now consider registered protection for high-turnover seasonal designs with short commercial lifespans.
• Furniture and industrial design. Modular furniture systems, where components are rearranged to form different configurations, can now be filed as combinational designs. Individual modules and the overall arrangement are separately protectable.
• Consumer electronics and software. GUIs, on-screen icons, animated transitions between app states and even smartwatch face designs are expressly registrable. Applicants may submit short animations or dynamic sequences as part of the representation.
• 3D printing and additive manufacturing. CAD files describing printable objects can support design applications where the resulting physical appearance meets the novelty and individual character thresholds. This opens design protection for products that exist first, and sometimes only, in a digital file.

Germany-Specific Impact, National Law, DPMA and Transposition Timelines

Although the EU Design Regulation applies directly across all Member States, the reform also triggers national-level consequences that German IP teams must track separately. Two deserve particular attention.

First, the DPMA confirmed in Notice No. 1/2025 that the filing of applications for registration of EU designs at the German Patent and Trade Mark Office is no longer possible from 1 May 2025. All EU design applications must now be filed directly with EUIPO in Alicante. German businesses that historically used the DPMA as an intermediary filing office need to update their workflows, power-of-attorney arrangements and internal approval chains accordingly.

Second, Design Directive 2024/2823 must be transposed into German law by 9 December 2027. Germany’s current Designgesetz implements the predecessor Directive 98/71/EC. The new Directive introduces harmonised rules on invalidity grounds, repair-clause provisions, and substantive registration requirements that will require statutory amendment. Until the Designgesetz is amended, a gap exists between what the EU-level Regulation permits and what German national registrations reflect.

Will Germany Need to Amend Its Designgesetz, Practical Timeline

Industry observers expect the German Federal Ministry of Justice to circulate a draft amendment bill during 2027, allowing parliamentary consideration ahead of the 9 December 2027 deadline. In-house counsel should monitor the ministry’s legislative calendar and anticipate changes in at least three areas: the grounds for invalidity and non-registrability (which will align with the Directive’s harmonised list), the repair clause (which liberalises the use of spare parts), and procedural rules for national cancellation proceedings. The practical effect for German businesses is that national design filings made before transposition will be governed by the existing Designgesetz, while EU-level filings already benefit from the Phase 2 changes from 1 July 2026 onward.

Practical Compliance Checklist for the EU Design Regulation in Germany, Immediate Actions Before 1 July 2026

This is the core section for IP managers and in-house counsel. Each step below should be assigned an owner and a completion target date no later than 30 June 2026.

1. Audit Existing Design Portfolios

Begin by pulling a complete inventory of all registered EU designs, German national designs and any unregistered EU designs your business relies on. For each registration, verify the renewal status, the territorial scope and the representation quality. Flag any designs whose representations are only two-dimensional static images where the actual product involves motion, animation or a digital interface, these are candidates for supplementary filings under Phase 2. Check whether any existing registrations cover products that are now manufactured using 3D printing; if the original filing predates the reform, consider whether the representation adequately captures the design as now produced. Record all findings in a centralised IP asset register, including EUIPO registration numbers, renewal deadlines and the responsible business unit.

2. Identify New Filing Opportunities

Map the expanded scope of registrable designs in Germany against your product pipeline. For each product launch planned for Q3 2026 onward, evaluate whether any of the following newly clarified categories apply: GUIs, animated screen transitions, digital typefaces, modular or combinational configurations, stand-alone surface patterns, or CAD-originated products destined for 3D printing. Where the answer is yes, prepare a filing brief that includes the product description, the proposed classification under the updated Locarno system, and a draft set of representations. Involve product designers and UX teams early, they will need to produce the visual assets that form the filing.

3. Prepare Digital and 3D Representations to New Standards

Implementing Regulation (EU) 2026/138 requires that representations be provided using generally available technology. For static representations, high-resolution JPEG or PNG files remain acceptable. For dynamic or animated designs, short video files or animated sequences (such as GIF or MP4 formats) may be submitted, provided they clearly show all features of the design for which protection is sought. Prepare a standard operating procedure for your design team that specifies:

• Accepted file formats and maximum file sizes per EUIPO’s technical specifications.
• Minimum resolution and recommended number of views (for 3D objects, provide at least six orthogonal views plus one perspective view).
• Metadata to embed: creation date, designer name, product code, version number.
• Version control protocol, retain all iterative source files, changelogs and dated exports to establish prior disclosure if needed.

4. Update Internal Filing SOPs

With DPMA no longer accepting EU design applications, all filings must go through EUIPO’s online filing system or via a representative authorised to act before EUIPO. Review and update your standard operating procedures to reflect:

• The new filing pathway (EUIPO direct or via authorised representative).
• Updated powers of attorney, existing DPMA-based powers of attorney do not transfer to EUIPO filings.
• Internal approval workflows, align sign-off gates with EUIPO processing timelines rather than former DPMA forwarding schedules.
• Fee structures, confirm current EUIPO registration and renewal fees, which differ from the former DPMA relay-filing fee arrangement.

5. Enforcement Preparedness

Expanded registrable subject matter means an expanded enforcement perimeter. Review your monitoring and policing programme to include digital goods, app-store listings, 3D-printing marketplaces and online design platforms where infringing reproductions of GUIs, icons or surface patterns may appear. Update template cease-and-desist letters to reference the reformed Regulation and the new categories of registrable designs. Ensure that customs watch applications (applications for action under the EU customs enforcement regulation) cover any newly registered design categories, particularly digital goods that cross borders on physical media or embedded in devices.

A downloadable one-page PDF version of this design law compliance checklist is available for internal distribution within your organisation.

Preparing Digital and 3D Designs and Representations, Technical and Legal Guidance

Getting the representation right is the single most important technical step in a Phase 2 filing. A poorly prepared representation can narrow the scope of protection or invite invalidity challenges. The following guidance addresses both legal requirements and practical file-preparation standards for digital design filings.

Under Implementing Regulation (EU) 2026/138, the representation must enable the design to be clearly reproduced and must show all features for which protection is claimed. For animated or dynamic designs, this means submitting a sequence that is viewable without proprietary software, generally available formats such as MP4 or GIF are acceptable. The representation should loop or display for long enough to show all unique visual states of the design.

Best-Practice Technical Checklist and Sample Application Wording

• Static 3D product. Provide seven views: front, back, top, bottom, left side, right side and one three-quarter perspective. File as JPEG at minimum 300 DPI. Ensure backgrounds are neutral (white or light grey) with no shadows, watermarks or extraneous objects.
• Animated GUI transition. Submit an MP4 file of no more than 20 seconds, showing the full transition cycle at least twice. Include a frame-by-frame key-visual extract as a supplementary PDF.
• Modular/combinational design. File separate views of each module and at least two assembled configurations, each from a minimum of three angles.

Sample specimen description for a GUI animation filing:

“The design consists of the animated transition sequence of a graphical user interface for a [product type]. The animation shows the visual change from state A (home screen) through an intermediate expanding-card animation to state B (detail view). Protection is claimed for the overall visual impression of the transition, including the movement path, colour gradient shift and element scaling as depicted in the submitted MP4 representation.”

Filing Pathways and Tactical Choices, EU Design vs National German Design

German businesses now face a clearer strategic choice between EU-level and national filings. The table below summarises the key differences under the reformed framework, helping IP managers select the right route based on market scope, speed and enforcement priorities.

The likely practical effect for most German exporters and multi-market brands will be to prefer the EU route for new design protection in Germany, particularly for digital products and GUIs, where the Phase 2 expanded scope is available immediately. National German filings remain useful for cost-sensitive domestic-only protection, but their scope will lag the EU regime until the Designgesetz is amended.

Enforcement, Policing and Litigation, Gearing Up Under the New Rules

The expanded scope of registrable designs under the EU Design Regulation in Germany creates new enforcement opportunities, and new monitoring obligations. Designs that now expressly cover GUIs, animated transitions and digital products can be enforced against infringers distributing apps, software interfaces, digital templates and even NFT-linked visual assets within the EU single market.

German businesses should review and update their enforcement toolkit in three areas. First, extend online monitoring to cover app stores (Google Play, Apple App Store), 3D-printing file repositories (such as Thingiverse and Printables) and digital design marketplaces (such as Creative Market or Envato). Second, update customs watch applications to reference newly registered digital-product designs. Third, prepare template cease-and-desist correspondence that reflects the reformed legal basis.

Sample Cease-and-Desist Wording (Template)

“We act on behalf of [Rightholder], the registered holder of EU Design No. [number], registered at EUIPO under Regulation (EU) 2024/2822 as amended. The design, as represented in the attached registration certificate, covers [description, e. g. , ‘the graphical user interface and animated transition sequence for a mobile application’]. Your product/service [identify infringing item] reproduces the protected design in a manner that produces the same overall impression on the informed user. We hereby request that you immediately cease all manufacture, distribution, importation, offering and use of the infringing product within the European Union, confirm destruction of existing stock, and undertake not to repeat the infringement, within [14 calendar days] of receipt of this letter.

Failure to comply will result in injunctive proceedings before the competent EU design court.

Key Dates, EU Design Reform Timeline for German Businesses

Conclusion, Act Now to Secure Design Protection in Germany Under the Reformed EU Regulation

The Phase 2 changes to the EU Design Regulation in Germany are not abstract legislative updates, they require concrete, time-bound action from every business that designs, manufactures or distributes products in the German and EU markets. The expanded scope for registrable designs, the new digital and 3D representation standards, and the shift to EUIPO-only filing all demand updated processes, retrained teams and refreshed enforcement strategies. Businesses that complete their portfolio audits, prepare compliant representations and update filing SOPs before 1 July 2026 will be positioned to capture design protection for product categories, GUIs, animations, modular systems, 3D-printed goods, that were previously difficult or impossible to register.

Those that delay risk unprotected design assets and enforcement gaps in an increasingly digital marketplace. To identify the right filing strategy and secure expert guidance on the EU Design Regulation for Germany-based businesses, find a German design lawyer through the Global Law Experts directory.

Sources

1. EUIPO, Design Reform Hub
2. EUR‑Lex, Regulation (EU) 2024/2822
3. European IP Helpdesk, Implementing Regulation (EU) 2026/138
4. DPMA, Notice No. 1/2025
5. Fieldfisher, EU Designs Reform Phase 2
6. DLA Piper, EU Design Reform
7. Gesetze im Internet, German Designgesetz (English translation)