The registration of a design grants its holder the exclusive right to exploit it for a maximum period of 25 years and applies to two- or three-dimensional creations of form (generally aesthetic). This right allows the holder to prevent unauthorized reproduction or imitation by third parties.<\/p>\n
In this respect, it differs from patents in that no technical advantage is required.<\/p>\n
One of the main requirements for a design is novelty. Novelty means that the design has not been disclosed (made available to the relevant public) prior to registration. However, not all disclosures invalidate a design. The law provides for so-called \u201cgrace period disclosures,\u201d which are those made within the 12 months prior to the filing date, allowing the product to be marketed and subsequently registered. This particular feature enables design holders to test whether a product merits protection as a design.<\/p>\n
Another requirement is individual character. A design is considered to have individual character when the overall impression it produces on the informed user differs from that produced by any other design that has been made available to the public before the filing date or, where priority is claimed, before the priority date. The degree of freedom of the designer in developing the design will be taken into account when assessing individual character.<\/p>\n
Accordingly, the validity of a registered industrial design relies on two aspects: an objective one (novelty) and a subjective one (individual character). Although with certain specificities, both requirements apply to national designs as well as European Union designs (Community designs).<\/p>\n
How can an industrial design be registered? What geographical options are available? There are four main routes, depending on the applicant\u2019s needs, to protect an industrial design based on the territory where protection is sought. As with trademarks and patents, a design is only valid in the territory where it is registered. These routes include: national designs before the Spanish Patent and Trademark Office (OEPM); European Union designs before the EUIPO; and international or foreign designs (filed directly in each country of interest). <\/p>\n
This is the primary option in Spain, although it has territorial limitations. If this route is chosen, protection is only granted within Spain. It provides protection for up to 25 years, subject to renewal every 5 years. <\/p>\n
Another option is to register an industrial design at the European Union level. This provides unitary protection: if granted, the design is valid across the entire EU territory. However, if refused, the design cannot be registered, not even at the national level in Spain. The duration of protection is the same as for national designs: 25 years, renewable every 5 years. <\/p>\n
The international registration of designs is governed by the Hague Agreement. It allows for the unification and simplification of procedures so that, once protection is obtained, the design enjoys the same rights and obligations in each designated country as if it were a national design in each of them. <\/p>\n
At Abril Abogados, we place great importance on the protection of designs as a key differentiating element for companies in competitive markets. For over 20 years, we have handled design applications across all geographical scopes required by our clients. Registration costs will depend not only on the geographical scope of protection but also on the number of design variants to be filed.<\/p>\n","protected":false},"excerpt":{"rendered":"
Registration of Industrial Designs The registration of a design grants its holder the exclusive right to exploit it for a maximum period of 25 years and applies to two- or…<\/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-2786","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-informacion-servicios"},"acf":[],"yoast_head":"\n