Insights and Analysis
AI-washing – when AI hype becomes a litigation risk
The EU Design Act (effective 1 May 2025 with further reforms effective 1 July 2026) has been introduced to strengthen, simplify, and modernize the EU design system and align it with EU trademark rules. This new reform will offer design protection that is fit for the era of digital designs and evolving technologies.
But what changes does the reform bring to your business? We address this question in a series of sector-specific articles featured in our "Designing the Future" series. The series started with the video games sector followed by fashion and furniture, automotive and mobility, and medical devices. In this article, we examine the implications of the reform for consumer electronic goods.
The changes in EU design law go far beyond administrative tweaks – the reform clearly opens the door to protect the very features that shape consumer experience and brand identity and places consumer electronic goods such as smartphones, smartwatches, connected TVs and smart devices among its primary beneficiaries.
The EU Design Act introduces new opportunities for design protection:
The revised definition of a product now expressly includes nonphysical items and graphical user interfaces, other screen-based features of electronic goods are formally recognised as protectable designs.
The reform expressly includes “movement, transitions or any other type of animation” within the definition of a design and recognises that animation contributes to appearance.
This concerns all types of electronic devices:
In consumer electronics, competitive identity often begins with shapes, silhouette and structure. The reform opens new avenues of protection by recognising animation such as lighting effects.
While a smartphone may only be replaced every 5-6 years, the global mobile app market is already valued at around €300 billion in 2025, with billions of downloads generating continuous consumer spend and engagement. This trend highlights how compelling app design can drive ongoing economic value beyond the initial device sale.
Design law balances flexibility with a protection term adapted to rapid innovation cycles and a structured, enforceable framework. The reform strengthens that balance by securing clear protection for animated and dynamic features with a possibility to regularly update the same.
Under the modernised regime, various elements of a single electronic product can be combined within a structured multiple EU design application, rather than split across separate filings. For instance, for a smartwatch, a single application may cover the external casing, multiple animated watch faces, screen transition effects, an animated health-tracking gauge, and a distinct strap design, all grouped in one application.
The technical standards for representing dynamic and animated designs will be finalized by 1 July 2026.
Article 26 of the EU Design Directive already allows design representations in static, dynamic, or animated representations, using commonly available technologies (drawings, images, videos, computer-generated models). Further formats will be added and video formats (e.g., MP4) are expected to play a central role.
The reform provides an opportunity to refine your design protection strategy and fully utilize the new options to legally secure the features that shape user experience and brand identity and shield them from unauthorized use and copycats.
We recommend that you
We are happy to assist you!
Authored by Etienne Barjol.