The industrial design (or Community Design as per the European regulation) protects the external appearance of a product. In Bamboo we are lawyers specialized in industrial designs.
Although the industrial design has always been traditionally framed within the scope of what is called in Spain the “industrial property” (trademarks, patents and designs, basically), it is certainly true that the industrial design shares common characteristics with copyright, in the meaning that some protection can be achieved without registration (which is the case of the protection conferred to the unregistered Community Design).
In order for an appearance of a product to be registered as an industrial design, it shall be new (if no identical design has been made available to the public prior to the date of registration or priority) and have individual character (if the overall impression it produces on the informed user differs from the overall impression produced in such a user by any prior design made publicly available).
The protection of the appearance of the whole or a part of a product through an industrial design is particularly cost-effective, as both in a national level in Spain (OEPM) and at a European level (EUIPO), including multiple designs in the same application is permitted under a not so expensive official fee given the protection granted.
If your field is designing products (from a car body, to a beach ball), maybe you should consider receiving some information about this way of protecting your creations. If this is the case, do not hesitate on contacting.
Services that we provide:
- Preparing and filing design applications in Spain (OEPM), the European Union (EUIPO) and internationally through the Hague Convention (WIPO).
- International strategy for design expansion and growth: management of foreign design applications, through our network of partners.
- Preliminary searches with professional opinion, in a national, European and international level.
- Professional reports for studying the feasibility of use and registration of designs.
- Assistance and advice on international strategies.
- Negotiation and contracting: licenses, assignments, transfers, undertakings, etc.
- Litigation: preparing and filing actions for design infringement, invalidity, etc.