Modernization of Design Law – What Companies Need to Know Now

On September 23, 2026, the Committee on Legal Affairs and Consumer Protection of the German Bundestag presented its recommendation on the draft Act on the Modernization of Design Law (BT-Drs. 21/8158). The act transposes Directive (EU) 2024/2823 on the legal protection of designs into German law and introduces far-reaching changes for all companies that hold or use industrial property rights or whose products are protected by design rights.

This update summarizes the most important changes for companies arising from this regulatory package and identifies areas where action is required.

I. Modernization of Design Law

1. Expanded Definition of Design – New Subject Matter of Protection

The definition of “design” in Sec. 1 DesignG will be significantly broadened. In the future, animated, dynamic, and state-changing designs will also be eligible for protection – for example, loading animations, animated logos, or interactive user interfaces. The definition of “product” (“Erzeugnis”) is likewise extended: it now expressly covers non-physical forms, graphical user interfaces (GUIs), logos, surface patterns, and interior designs.

What this means for companies: Companies developing digital products, apps, or software with visual design elements now have significantly expanded options for protecting them as registered designs. At the same time, the risk of infringing third-party design rights increases.

2. 3D Printing: New Acts of Infringement

One of the most practically significant changes concerns 3D printing. Preparatory acts such as creating, downloading, copying, and distributing 3D printing files that contain a protected design now constitute independent acts of infringement (Sec. 38(1) sentence 3 DesignG (new version)). In concrete terms, this means that merely making a 3D printing template for a design-protected product available on a platform may constitute a design infringement – regardless of whether the product is actually manufactured.

Companies operating 3D printing platforms or offering 3D printing files will need to carefully review their content for potential design infringements. Conversely, the new regulation provides design holders with effective means to combat the digital dissemination of their designs.

3. Transit Provision – Protection During Transit

A new Sec. 38a DesignG allows design holders, for the first time, to take action against goods that infringe design rights and are merely transiting through Germany (transit goods) without being released for free circulation. Previously, this option was available only for imported or exported goods. The transit provision (“Transit Ban”) (“Durchfuhrverbot”) is an important instrument in the fight against product counterfeiting, particularly for supply chains that pass through European ports and logistics hubs.

4. Expanded Defenses

The expanded rights are balanced by new defense options. Sec. 40 DesignG now contains additional limitations:

• Commentary, criticism, and parody of a registered design will be permissible in the future (Sec. 40(1) no. 7 DesignG), provided they are compatible with fair commercial practices.
• Acts for the purpose of identification of a product (Sec. 40(1) no. 6 DesignG) – for example, for comparison or reference purposes – are expressly permitted.
• The right of prior use (Sec. 41(1) DesignG) is clarified: anyone who developed and began using a design independently and in good faith before the filing date may continue to use it. However, the granting of licenses is expressly excluded.

For defendant companies, these limitations provide new lines of defense. Design holders should keep these defenses in mind when enforcing their rights.

5. Invalidity Proceedings – Simplified and Harmonized

The terminology in invalidity proceedings is being harmonized: in the future, the only term will be “declaration of invalidity” (“Erklärung der Nichtigkeit”) (replacing the former “determination or declaration”). The option for third parties to intervene in invalidity proceedings before the DPMA (Sec. 34c DesignG (old version)) is being eliminated – however, the consolidation of proceedings remains possible.

Important: Invalidity can now also be declared after the term of protection has expired or after the design has been surrendered (Sec. 33(5) DesignG (new version)). This is particularly relevant for pending damages claims.

6. Repair Clause and Registration Symbol

The existing repair clause (Sec. 40a DesignG) is being amended: manufacturers and sellers of spare parts will in the future be required to inform consumers through a clear and visible indication of the commercial origin of the component. The transitional period for existing design rights is shortened to December 9, 2032.

New is also the registration symbol Ⓓ (Sec. 38b DesignG), which allows holders to inform the public about the design protection – comparable to the ® symbol in trademark law.

7. Terminological Adjustment: "EU Design" (Unionsdesign)

The former term "Community design" (Unionsgeschmacksmuster) is being replaced throughout by "EU design" (Unionsdesign). This follows the codified Regulation (EU) 2026/715 on EU designs, which entered into force on July 1, 2026. All references in the DesignG are being updated accordingly.

8. Transitional Periods and Key Dates at a Glance

The key dates:

• Entry into force of the main provisions (Articles 1–4): December 9, 2027
• Applications filed before December 9, 2027: The previous rules continue to apply to pending application proceedings (Sec. 72(2) DesignG).
• Pending invalidity applications and counterclaims before December 9, 2027: The previous law applies (Sec. 72(4), (5) DesignG).
• Repair clause for existing rights: Applies only from December 9, 2032 (Sec. 73(2) DesignG).

II. Conclusion and Recommended Actions

Design law: The modernized design law significantly expands the scope of protection – in particular for digital and animated designs and against 3D printing piracy. Companies should review their design portfolios and assess whether previously unprotected digital design elements are now eligible for registration. At the same time, increased attention must be paid to third-party design rights in product development, as the range of infringing acts has grown considerably. The transitional periods – in particular the key date of December 9, 2027 – should be used for timely preparation.

We would be happy to advise you on the specific implications for your company.