Recital 13

(13) The attainment of the objectives of the internal market requires that the conditions for obtaining a registered design right be harmonised in all the Member States. To that end, it is necessary to lay down unitary definitions of the notions of design and product, which are clear, transparent, and technologically up-to-date considering also the advent of new designs that are not embodied in physical products. Without the list of relevant products being intended to be exhaustive, it is appropriate to distinguish between products embodied in a physical object, products visualised in a graphic, or products that are apparent from the spatial arrangement of items intended to form an interior or exterior environment. In this context, it should be recognised that animation, such as movement or transition, of the features of a product, can contribute to the appearance of designs, in particular designs that are not embodied in a physical object. Furthermore, there is a need for a unitary definition of the requirements regarding novelty and individual character with which registered design rights should comply.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-16 · Text as adopted (Official Journal); later amendments are not incorporated in this text.