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EUIPO publishes update on EU design law reform becoming fully applicable.
On June 15, 2026, the EUIPO published an update on the completed reform of EU design law, with the new framework becoming fully applicable on July 1, 2026 under Regulation (EU) 2026/715 on European Union designs.
The update summarizes the legislative package comprising Regulation (EU) 2024/2822 amending Council Regulation (EC) No 6/2002, Commission Implementing Regulation (EU) 2026/138 and Delegated Regulation (EU) 2026/137, which set detailed procedural and implementing rules and repeal earlier implementing acts.
Substantive changes include an expanded definition of design that expressly covers animation, movement, and transition, the increased role of visual disclaimers following the abolition of the neutral background requirement, and an extension of protection to cover unauthorized 3D printing-related acts involving media or software recording the design.
Practice and enforcement changes include stricter deferment rules in force since May 1, 2025, a readjusted repair clause defense in force since May 1, 2025 with customer information requirements and limits for moulded parts, a new defense for comment, critique, or parody, a transit prohibition for unauthorised goods, and the removal of the seven-view limitation from July 1, 2026.
U.K.
EWHC (Ch) issues case management judgment on foreign issue estoppel under Rome II in cross-border copyright dispute.
On May 12, 2026, the EWHC (Ch) issued a judgment at a CMC in Aviator LLC & Ors v Stribe Oü & Ors on whether the preclusive effect of Georgian judgments, for claims governed by foreign law, is determined by English law or the relevant foreign law.
The Court held that, for non-contractual IP infringement claims falling under Rome II, the applicable law for determining any preclusive effect is prima facie the law of the country for which protection is claimed under Articles 8 and 15, rather than a matter of evidence and procedure excluded by Article 1(3).
The Court rejected reliance on Article 16, finding issue estoppel was not an overriding mandatory provision of the forum, and indicated Article 26 would apply only exceptionally where applying the relevant foreign law would be manifestly incompatible with the public policy of England and Wales.
The Court refused Aviator’s application to try copyright ownership as a preliminary issue, given likely disputes of fact, involvement of Georgian-law agreements, and the possibility that any issue estoppel might make that determination unnecessary.
U.K.
High Court (IPEC) rules on accounts of profits for unjustified threats claims.
On June 23, 2026, the High Court (IPEC) held that, except possibly in exceptional circumstances, an account of profits is not available where a claim does not concern proprietary rights, including a claim for unjustified threats of registered design infringement.
The Court struck out the claimant’s claim for an account of profits in an unjustified threats claim and held that the claimant must instead quantify its damages and pay the applicable higher court fee.
The Court indicated that the same reasoning should apply to unjustified threats of trademark infringement.
The Court considered this approach consistent with the wording of the Registered Designs Act 1949 and the Trade Marks Act 1994, which provide for remedies of a declaration, an injunction, and damages, while noting that the statutory wording might not, of itself, limit equitable remedies.
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