Industrial design is a fundamental tool for companies seeking to protect the aesthetic appearance of their products. If your company creates its own designs, it is essential to understand how to register and legally protect these designs, both in Spain and at the European level.
To illustrate, let’s imagine a furniture design company that specializes in innovative and sustainable furniture. The company has developed a new line of chairs with a unique structure, made from recycled materials, and featuring an exclusive ergonomic design. To prevent competitors from copying their design, they decide to register it as an industrial design. In this way, they obtain legal protection that prevents third parties from manufacturing and selling identical or similar products without authorization, thus ensuring the exclusivity of their innovation in the market.
In this article, we explain the key requirements and the most effective strategy to ensure its authenticity.
Basic Requirements to Protect an Industrial Design
An industrial design protects the aesthetic appearance of a product, meaning its visual features derived from lines, contours, colors, shapes, textures, or materials of the product itself or its decoration. To be protected, it must meet a series of requirements:
-
Novelty
The design must be completely new. No identical design can have been previously disclosed. A design is considered disclosed when it has been made accessible to the public through publication, exhibition, or commercialization, except in certain cases.
-
Distinctive Character
The design must create a general impression that is different from prior designs to an informed user. The “informed user” is an average person with knowledge of the sector’s products, but not a technical expert.
-
Aesthetic and Not Technical Character
The design cannot be determined exclusively by its technical function. That is, if the shape of a product is essential for its functioning, it cannot be protected by industrial design. In such cases, protection should be granted through patents or utility models. If at least one feature of the design is aesthetic and not merely functional, the design may be registered, provided it meets the novelty and distinctive character requirements.
-
Grace Period: Harmless Disclosures
The legislation allows a “grace period” of 12 months for disclosures made by the creator or with their consent. If the design is disclosed within this period, it retains its novelty. If the disclosure took place more than 12 months before the registration, the design can no longer be protected.
-
Duration of Design Protection
The registered design provides protection for a minimum of 5 years, renewable in 5-year periods up to a maximum of 25 years. On the other hand, the unregistered design offers automatic protection for 3 years from the first disclosure in the EU. This option is particularly useful in sectors with very short product life cycles, such as fashion or technology.
Registering an industrial design in Spain or the EU is a key strategic decision to protect the visual identity of a product and prevent copies. Understanding the differences between registered and unregistered designs, as well as cumulative protection avenues, allows companies to choose the best strategy according to their needs and business objectives.
At Economía Responde, we provide important information and resources so that companies can make informed decisions regarding the protection of their industrial designs. Stay updated with our publications and consult experts to ensure the success of your industrial property strategy.
