a product resulting from the features, in particular the lines, contours, colours, shape, texture and/or materials, of the product itself and/or of its decoration, including the movement, transition or any other sort of animation of those features; (2) “product” means any industrial or handicraft item, other than a computer program, regardless of whether it is embodied in a physical object or materializes in a non-physical form, including: (a) packaging, sets of articles, spatial arrangements of items intended to form an interior or exterior environment, and parts intended to be assembled into a complex product; (b) graphic works or symbols, logos, surface patterns, typographic typefaces, and graphical user interfaces; (3) “complex product” means a product that is composed of multiple components which can be replaced, permitting disassembly and reassembly of the product.” The same changes are repeated in Article 2 of UE Design Directive (from now on mentioned as EUDD), mentioned in footnote 28. EUDD entered into force on 8 December 2024, with a transposition deadline for EU Member States by 9 December 2027. The new definition of “product” excludes expressly computer programs [Article 3 (2) of EUDR and Article 2 of the EUDD], which must be interpreted with some flexibility because the concept of product now includes nonphysical objects and graphical user interfaces. The concept of “design” is enlarged reflecting the evolution of information technologies, clearly including the movement, transition or any other sort of animation of the characteristics that define the appearance of a product [Article 3 (1) of the EUDR and Article 2, (1) of the EUDD]. The concept of “product” now includes expressly spatial arrangements of items intended to form an interior or exterior environment (e.g., the interior of a store or the appearance of a children’s playground, or, more important, in our case, the interior of a restaurant or bar).29 This means that digital presentations of food can now also be protected by design in the EU and in the future design laws of the Member States, after the transposition of the EUDD. 29 See KUR, Annette, ENDRICH-LAIMBOCK, Tobias., HUCKSCHLAG, Marc, “Position Statement of the Max Planck Institute for Innovation and Competition of 23 January 2023 on the “Design Package” (Amendment of the Design Regulation and Recast of the Design Directive, Masx Planck Insitute for Innovation & Competition Research Paper nº 23-05, at Position Statement of the Max Planck Institute for Innovation and Competition of 23 January 2023 on the ‘Design Package’ (Amendment of the Design Regulation and Recast of the Design Directive) by Annette Kur, Tobias Endrich-Laimböck, Marc Huckschlag :: SSRN, (last access 25.06.2025), pp.8-9; SILVA, P. Sousa e, “A Revisão da disciplina europeia dos desenhos ou modelos. Traços essenciais. Revista de Direito Intelectual, 1, 2024, pp. 97-99. 232 MARIA VICTÓRIA ROCHA
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