In the field of Industrial property, industrial design is understood to be the appearance or ornamentation of a product or part of a product, that makes it visually different from another product, without taking into account its technical or functional characteristics. The definition of product is very broad and covers both industrial and artisan products.
As a general rule, an industrial design can consist of:
- three dimensional objects, e.g. furniture, shoes, two dimensional elements, such as ornamentations,
- a combination of the above
- as well as what we might traditionally consider to be design. It is also possible to protect architectural structures, a stage set, the layout of the interior of a shop, a shop window, a book or magazine cover, a web page or typography.
Utility Models protect technical inventions that resolve technical problems while industrial designs only protect the external appearance of a product. The scope of protection of an industrial design does not extend to the features dictated exclusively by its technical function. For example, the protection of a design for a screwdriver will only cover the shape of the handle, where alternatives are possible, and not the tip, the form of which is determined by its function which is to fit into a screw.
La Clasificación de Locarno es una Clasificación Internacional para los diseños industriales.
El solicitante no tiene obligación de indicarla cuando presenta la solicitud, ya que la protección que se obtiene al registrar un diseño es independiente de su clasificación.
La finalidad de la clasificación es, sobre todo, a efectos de búsqueda, no de protección en sí.
There are a number of ways of obtaining protection in Spain:
- Via national application: The application should be made in accordance with the requirements established in LAW 20/2003 OF 7 JULY ON THE LEGAL PROTECTION OF INDUSTRIAL DESIGN.
- Via Community application. A COMMUNITY DESIGN can be obtained through a single application, which the applicant can choose to submit to the SPTO who will forward it (on payment of a transfer fee) to the EUIPO or to send it directly to the EUIPO (Alicante). The design is, to all effects, unique, and will be granted, rejected or cancelled across the entire European Union territory.
- Via International application. This procedure, governed by the Hague Agreement which incorporates the 1934 and 1960 Acts and the Geneva Act of 1999, enables an application to be made simultaneously to 64 countries or regions. Application of the 1934 Act has been suspended since 1 January 2010.