Last week we explained exactly what an industrial design is. Today, we are going to tell you specifically what the protection of an industrial design consists of registered.
What is industrial design protection?
An industrial design right protects the appearance and aesthetic characteristics of a product. In other words, the holder of the registered industrial design has the right to prevent third parties from manufacturing, selling or importing articles that display or incorporate any aesthetic aspect that is a copy of the protected design. That is, as long as they are used for commercial purposes.
How long are industrial design rights valid for?
Industrial design rights are granted for a limited period of time. In Spain, industrial design registration is granted for five years from the filing of the application. It can be renewed for one or more consecutive periods up to a maximum of 25 years.
What is the difference between an industrial design and a patent?
While patents protect an invention, i.e. “a technical solution to a problem”, industrial designs only protect the appearance. In other words, an industrial design right does not cover the technical and functional characteristics of a product. However, these can be protected at the same time by a patent.
Why should I register my industrial design?
The protection of industrial designs is a key point in any business strategy, as they are a very important asset for several reasons:
- Return on investment. Industrial design protection means that a secure return can be obtained on the investments made to create and market products.
- Exclusive rights. Only the owner of the property of an industrial design has the rights to prevent and stop the commercial exploitation of the copied industrial design.
- Opportunity to license or sell. Another of the rights obtained with the protection of an industrial design is the possibility of selling or licensing it to another company. This is a source of income for the holder.
- Positive image. The company owning registered industrial designs can increase its market value and that of its products, since industrial designs are business assets. This will give a better brand image, conveying some additional value to the company.
At Martínez-Sanz Abogados we are specialists in industrial design. If you have any queries or need advice regarding the protection of your design, please do not hesitate to contact us. contact us at.
