EU Intellectual Property Reforms: A New Era for Innovation and Design Protection

 The European Union (EU) has entered into a comprehensive reform process as of 2023 in order to align intellectual property rights with digitalization, innovation and global competition, and has focused on increasing the protection of intellectual rights with its regulations. Detailed information about the new regulations within this scope will be provided below.

Regarding Design Protection;

The EU is taking steps towards new regulations that aim to renew the design protection laws that have been in effect for over 20 years and transform them into a more contemporary and digitally focused structure. These regulations, which are expected to come into force by the end of 2025, aim to expand the definition of design to include “non-physical” products, as well as granting applicants the right to postpone the publication of their designs for up to 30 months, simplifying the objection processes and allowing applications to be made through administrative channels instead of courts, making design protection more flexible, especially for the spare parts market in the automotive sector, and creating a new system where copyright and design protection can be carried out together.

Regarding Patent and SPC Reform;

The EU's Unitary Patent System, which entered into force in 2023, now makes it possible to obtain a patent throughout the EU with a single application, and aims to make the costs of patent applications quite advantageous. This is especially important in today's world where technological developments are rapidly advancing, in terms of protecting inventions.

In addition, a central application and evaluation system will be established for Supplementary Protection Certificates (SPC) planned to be used in pharmaceutical and agricultural products, promising a more transparent, predictable and faster process.

Regarding the Search for a Solution to Disruptions Experienced in Crisis Periods;

Considering the access problems experienced in crises such as pandemics, the EU is also preparing to strengthen the compulsory licensing system. It is anticipated that this will facilitate access to vital technologies within the framework of public interest.

In Terms of Copyright;

The fact that text and data mining (TDM) activities are carried out by technology companies without obtaining permission from the copyright owner is criticized on the grounds that it may leave authors and artists unprotected. Since it is thought that the inclusion of the TDM exception in the law without limiting its commercial use could create a serious copyright gap, the drawbacks of this are being emphasized. There are also comments that the voices of cultural sectors and content producers should be heard more on this issue. In our opinion, the drawbacks of TDM activities can be overcome with some detailed regulations with clearer boundaries.

Regarding Non-Agricultural Geographical Indications;

With a new regulation adopted in 2023, not only agricultural products but also handicrafts and industrial products can now be protected by geographical indication. Thanks to the system that will come into force as of December 1, 2025, products such as “Toledo steel” or “Murano glass” will be recognized and protected throughout the EU. While the inclusion of the products in question is an extremely positive development, we would like to remind you that there are many similar products that need to be protected in this way. The problem that the reform in this area may create is whether expanding the definition of geographical indication in this way will harm the nature of the protection and what the nature of the products protected in this way will be.

As a result, these reforms of the European Union are aimed not only at adapting intellectual property to current needs, but also at sustainable development, promoting innovation and integrating into the digitalization process. In the upcoming process, how these regulations will be reflected in practice is a subject that needs to be followed carefully. Do not forget to share your ideas about these reforms with us in the comments.

Sources:

Official Statements of the European Commission

TelecomTV, The Guardian, De Brauw & Seerna Articles

EU Intellectual Property Office (EUIPO)