This week brings you a quick dive into developments in relevant legislation in the European Union and California, with the European Council adopting the EU Design Legislative Reform Package (which includes the Recast Directive on the legal protection of designs and the Amending Regulation on community designs) and California’s governor signing a bill that maintains impending climate reporting requirements for companies operating in the state but changes the timeline for reporting Scope 3 emissions.
EU Design Law Reform
First things first, on Oct. 10, the EU Commission adopted the Design Legislative Reform Package, which is “the last step in the decision-making procedure” before the law comes into force. Aimed at “strengthening, simplifying, and standardizing existing design protection across the EU, while also aligning design protection with trademark rules,” the Commission says that the reform “should also enhance predictability and harmonize EU design protection with Member States’ national laws, benefitting designers, SMEs and businesses alike.”
At a high level, key elements of the reform (EU Regulation 2022/0391 and EU Directive 2022/0392) include …
– Expanded Definitions of “Design” and “Product”: The definition of “design” will be expanded to include features like lines, contours, colors, shape, texture, and materials, among other things. Meanwhile, products will now include non-physical and digital products.
