Substantive Law Aspects of the ‘Design Package’

On 28 November 2022, the EU Commission published proposals for amendment of the Community Design Regulation (CDR) and for the recast of the Design Directive (DDir). Both proposals (in the following: PEUDR, PDDir) were preceded by reports and comprehensive consultations with interested circles. The aim of both proposals is to streamline and simplify the proceedings, enhance harmonisation, and improve the functioning of design legislation inter alia regarding novel forms of designs and reproduction technologies, providing a more robust catalogue of limitations, liberalisation of the spare parts market, and clarification of the relationship with copyright. The present article highlights the issues which are considered to be particularly important and deserving of further comments and clarifications.