Brief Report on a virtual meeting between the O/o. CGPDTM and the EUIPO, discussing the Design System.

The virtual meeting on the Design System, held between the Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) and the EUIPO, took place on December 10, 2024, from 3:00 to 4:00 PM (IST).

A presentation on India’s design registration system covered the structure of the Office of the CGPDTM, the history of the Designs Act, and key definitions under the law. It also outlined the substantive criteria for examining design applications, the filing and refusal processes, and publication timelines. In FY 2023-24, design filings, registrations, and disposals saw significant increases, with India ranking in the top 10 for design processing, as per the WIPO report.

A presentation on the latest developments in the EU design registration system was given, outlining several upcoming changes in EU design law. Key regulatory updates include Phase I (Basic Regulation) effective from May 1, 2025, and Phase II (Secondary Legislation) starting on July 1, 2026, with full transposition of the directive by the end of 2027. The definition of "design" has been broadened to include animations, transitions, and movements, while non-physical designs such as GUIs are now protected. The scope of exclusive rights has expanded to cover 3D printing and the seizure of counterfeit goods in transit. Changes also include the introduction of a new "D" symbol for registered designs, the removal of nationality entries and street addresses for design holders, and the abolition of filing via national offices. The single application fee will replace the previous system, and files can now be inspected online free of charge. Other notable changes include the introduction of fast-track invalidity proceedings, partial invalidity being abolished, and a new process for requesting proof of use.

EUIPO shared its experience with the Hague Agreement for international design registration, which allows designers to protect their designs in multiple countries with a single application. As a key office in the system, EUIPO handles both direct and international filings for design protection, making the process easier for European and international designers. In 2024, EUIPO expects 102,171 direct filings and 17,849 international filings. By supporting the Hague System, EUIPO helps promote global design protection, ensuring designs are efficiently safeguarded across various countries.

Way Forward:

1) Both offices agreed to hold further meetings to explore each other's design registration practices and share experiences.
2) Focus was placed on exploring training programs aimed at enhancing the knowledge and skills of examiners and stakeholders, particularly in international design registrations.