Effects of the EU Design Reform on 3D Printing

In October 2024, the EU adopted the design legislative reform. which is focused on the modernisation of the design protection framework in consideration of emerging technologies and economic realities. The reform includes the revised EU Design Regulation ("EUDR", Regulation (EU) 2024/2822) and the new EU Design Directive ("EUDD", Directive (EU) 2024/2823). Most provisions of the EUDR already apply since 1 May, 2025; and some provisions will apply from July 1, 2026. 

As a core amendment concerning 3D printing, the EUDR now provides for an exclusive right for "creating, downloading, copying and sharing or distributing to others any medium or software which records the design for the purpose of enabling a [design incorporating product] to be made" (Art. 19 para. 2 lit. d EUDR). On a national level, all EU member states must establish corresponding rules on the basis of Art. 16 para. 2 lit. d EUDD. 

The wording of Art. 19 para. 2 lit. d EUDR that the design must be "recorded" on any medium or software could still leave doubts as to whether this applies to a CAD file, which does not contain the design directly, but key information about the designed object such as its geometry and visual attributes (see, for example. Fischoeder, GRUR 2024, 873, 874). However, the purpose of Art. 19 para. 2 lit. d EUDR is to effectively prevent illegitimate copying of protected designs as an appropriate measure in view of the growing deployment of 3D printing technologies in different areas of industry (Recital 14 EUDR). Therefore, the EU legislator intended to include current state-of-the-art data files created and distributed for the 3D printing of products, and the vague wording should be interpreted as being open also for (new) technologies rather than being restrictive and potentially excluding CAD files.