Opportunities for gaming following EU design rights reforms

The EU has this year implemented legislative reforms to its registered design protection framework with a view to modernising and streamlining the system. In this article, we explain how the reforms may open up new routes for intellectual property protection for video game developers and publishers.

The reforms are contained in the updated EU Design Regulation (the Amending Regulation on Community designs no. 2024/2822) (the "EUDR") and the Recast Directive (Directive (EU) 2024/2823) which supplements the EUDR by harmonising national-level procedures. The reforms are being implemented in two phases, with Phase I (which carried the bulk of the reforms) having come into force on 1 May this year. Several of the reforms require secondary legislation to be operational and will come into effect as part of Phase II on 1 July 2026.

Historically, game developers will have relied on the provisions afforded by trade mark, copyright and patent law to protect their intellectual creations, with less attention paid to designs. But these reforms to EU design law provide opportunity for game developers to rely more on design rights, particularly to protect the audiovisual elements of their games. Design rights protect the appearance of a product. In a gaming context, they protect the look of video game elements such as icons, graphic user interfaces and game characters, but not how the game works.

Until recently, design rights have been underutilised by the video game industry. According to the WIPO Committee on Developing Intellectual Property, the last few years have seen a surge in applications for design registration. In 2024, design applications filed with the international design system (Hague) increased by 6.8% compared with 2023 (which saw an increase of 2.8% on 2022). Most applications were filed in China, but EU Member States Germany, Italy and Switzerland all made up the top 5 countries with the highest number of applications that year. Recording and communication equipment accounted for the largest proportion of total designs in 2024 (12.3%), with means of transport following closely behind at 11.1%. Packages and containers represented 7.9%, followed by furnishings 7.6%, and household goods 5%. In light of the recent reforms, it is anticipated that this trend will continue, at least in the EU.

Protection for Animated Designs and Virtual Assets

The key changes to the EU design regime of relevance to the video game industry concern a broadening of the definitions of “design” and “product”. These definitions have been expanded to include express reference to dynamic elements and those which are not materialised in physical form. For gaming stakeholders these changes unlock new avenues for protection.

Animated Designs

In light of the reforms, 'designs' are now defined in the EUDR as meaning (words in bold are new) “the appearance of the whole or a part of a product resulting from the features, in particular the lines, contours, colours, shape, texture and/or materials, of the product itself and/or of its decoration, including the movement, transition or any other sort of animation of those features”

By explicitly recognising animations, the EUDR aligns with the evolving landscape of digital content and offers stronger protection for these dynamic elements, which provides opportunity for game developers to seek design protection for – to give just a few examples – attack sequences, character emotes and menu-opening transitions.

In addition, the EUDR removes the current seven-view limit for design filings. Under the previous system, applicants were required to submit a series of up to 7 static images to represent an animated sequence or other moving design (such as a GUI) for which protection was sought. This approach made it practically impossible to register a complex animated design. It is understood that the secondary legislation due to come into force next July will enable applicants to submit their designs in digital form, which will greatly facilitate applications for animated designs and significantly reduce the chances of the design being misinterpreted, being a criticism of the previous system.

Intangible Assets

Furthermore, “product” is now defined as meaning (again words in bold are new) "any industrial or handicraft item, other than a computer program, regardless of whether it is embodied in a physical object or materialises in a non-physical form, including:

(a) packaging, sets of articles, spatial arrangements of items intended to form an interior or exterior environment, and parts intended to be assembled into a complex product;

(b) graphic works or symbols, logos, surface patterns, typographic typefaces, and graphical user interfaces;

This change potentially expands the scope of EU design right protection and removes any question as to whether things such as HUD layouts, inventory or crafting screens, skill-tree icons and user interface (UI) skins; as well as level maps, 3D world layouts and menu hierarchies are covered.

It is important to highlight that, under the pre-existing design framework established by the harmonised UK Registered Designs Act 1949, the definition of a "product" already encompasses certain intangible items, such as graphic symbols and typographic typefaces. This means that even without these changes, design registration for various intangible assets, including graphical user interfaces (GUIs), graphic symbols and characters was available in the UK and the EU. Nevertheless, this expanded definition of “product” with explicit reference to non-physical items confirms that digital creations fall squarely within the scope of the EUDR.

As virtual and augmented-reality applications proliferate, game studios could utilize the EUDR to secure broad protection now for assets that may later evolve into interactive or immersive experiences.

Updated Visibility Criteria

Another important change relates to the visibility requirements for EU Designs. Under the previous system, for a design to qualify for protection, it had to be visible “during normal use” of the product. This requirement often led to legal uncertainty, particularly for digital-only features.

The new provisions introduce the following changes:

• For general products, visibility is now assessed based on the representation submitted in the registration application, rather than how the product is used in practice. This means that designs no longer need to be visible during normal use, provided their aesthetic features are clearly depicted in the registration.
• For complex products (i.e. products composed of multiple replaceable parts that can be disassembled and reassembled), only components visible during normal use by the end user—excluding servicing or maintenance—are eligible for protection.

These changes expand the protection available for digital components and interactive interfaces, enabling gaming stakeholders to register a broader range of product design elements without being restricted by visibility requirements.

Streamlined Process for Multiple Design Applications

The EUDR has also removed the “unity of class” requirement which previously mandated that all registered designs included in a single multiple application belong to the same Locarno Classification. Since 1 May 2025, applicants can include any designs they create in a single multiple application, regardless of their classification. This change provides greater flexibility and enhances the cost-saving benefits of filing multiple designs together within the same application. As a result, a single filing might now, for example, cover both controller shells and in-game UI icons.

Applicants may file up to 50 designs per individual application under the new regime. This could encourage portfolio-style filings which could be ideal for game-release bundles, seasonal skin drops, or accessory lines.

The EUDR also introduced new accepted forms of representing designs, including in the form of photographs, technical drawings, 3D renderings and videos.

Enhanced Enforcement Powers

The EUDR does not just broaden what rights holders can register - it also strengthens their ability to enforce a design once registered.

Under the previous regime, a registered design holder had the exclusive right to prevent third parties from “making, offering, putting on the market, importing, exporting or using” any product in which the design is incorporated, or stocking it for those purposes. The EUDR preserves this protection and adds new rights expressly aimed at thwarting digital piracy and dealing with the rise in 3D printing and the production of illegitimate copies of protected designs. Rights holders may now prohibit the “creating, downloading, copying and sharing or distributing to others any medium or software which records the design for the purpose of enabling a product to be made.”

This addition as well as the expanded definitions above suggest that the EUDR now also covers digital media that can be utilised for 3D printing, such as CAD files. Prior to the recent changes, the uploading or sharing of CAD files recording a protected design did not clearly constitute an infringement. As a result of these changes, EU Design holders have an exclusive right to prohibit the creation and distribution of digital files intended for the reproduction of their protected designs, and may prevent the unauthorised 3D printing of products derived from such files. As such, accessory makers, modding communities and grey-market hardware vendors would be unable to claim that protected designs in the form of CAD files are “merely digital” to evade liability for using the same for the creation of illegitimate copies under the new system.

The EUDR also introduced increased renewal fees for each renewal with a view to promoting more strategic management by rights holders of their design portfolios. European Union Designs are initially granted for a period of 5 years and can be renewed in 5 year intervals for a period of up to 25 years. The updated renewal fees are as follows:

• 1st renewal: €150
• 2nd renewal: €300
• 3rd renewal: €500
• 4th renewal: €700

Conclusion

The new EU design reforms mark a significant step forward in modernising design protection, offering video game developers enhanced opportunities to safeguard their creative assets in an increasingly digital and interactive market. Looking ahead, Phase II of the reform process is expected to build on these advancements, with a particular emphasis on streamlining procedural matters. This next phase aims to further simplify and harmonise the design registration process across the EU, ensuring that developers can navigate the system with greater efficiency and clarity. As the reforms continue to evolve, video game developers should remain proactive in adapting and updating their intellectual property strategies to fully leverage the benefits of this updated framework.

This article was prepared with the valued support of Jimin Park, a future trainee solicitor at Simmons & Simmons, whose contribution is gratefully acknowledged.

For more gaming and intellectual property insights, visit our Insights page at: www.simmons-simmons.com/insights.