Unlike other industrial property rights such as trademarks and patents, designs are not subject to an administrative opposition procedure. Industrial designs are granted as long as formal requirements are met; therefore, in order to obtain the rejection of a design, it is necessary to initiate a nullity action. As lawyers, we are entitled to initiate this type of design nullity proceedings. To do so, it is essential to rely on solid evidence capable of either challenging the novelty of the design or demonstrating that it lacks individual character or does not meet the requirements established by Design Law. The nullity procedure for an industrial design allows the validity of a registered design to be challenged when it does not comply with the legal requirements. Both for national designs and European Union designs, the purpose of nullity is to remove from the register those designs that do not meet the necessary conditions for protection, thus ensuring legal certainty and fair competition in the market. <\/p>\n
In Spain, the nullity of a national industrial design may be requested when the design does not meet essential requirements such as novelty or individual character, or when it infringes prior rights. It may also be declared null if it includes elements contrary to public policy or accepted principles of morality, or if the applicant was not entitled to register it. The declaration of nullity is issued by a final court judgment, and such declaration has erga omnes effect. <\/p>\n
In the case of a registered European Union design, the nullity procedure is handled before the European Union Intellectual Property Office (EUIPO). This mechanism allows the validity of a design to be challenged with effect across all EU Member States. The grounds for nullity are similar to those for national designs: lack of novelty, absence of individual character, conflict with prior rights, or registration by a person not entitled to do so. A nullity application may be filed at any time after the design has been registered. Once the application is filed, EUIPO initiates an administrative procedure in which both parties may submit arguments and evidence. If nullity is declared, the design is deemed invalid from the outset, as if it had never been registered. Legal Assistance in Design Nullity Proceedings The nullity proceedings for industrial designs, both national and European Union designs, require a detailed legal and technical analysis. Having specialized legal advice allows for assessing the viability of the action, preparing the necessary evidence, and effectively defending the interests of the design holder or the party requesting nullity. At Abril Abogados, we assist clients throughout all stages of the process, from the initial assessment to the final resolution.<\/p>\n","protected":false},"excerpt":{"rendered":"
Unlike other industrial property rights such as trademarks and patents, designs are not subject to an administrative opposition procedure. Industrial designs are granted as long as formal requirements are met;…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[21],"tags":[],"sector_noticias":[],"class_list":{"0":"post-2785","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-informacion-servicios"},"acf":[],"yoast_head":"\n