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¿Qué requisitos debe cumplir un diseño en España para poder ser concedido?

To register a design in Spain, there are two requirements:

- novelty. A design is considered to be novel when no other identical design has been made accessible to the public before the registration application submission date or, if priority is claimed, before the priority date. Designs whose characteristics differ only in irrelevant details are considered to be identical.

- unique character. A design is considered to be unique in character when the general impression it produces in the informed user is different from the general impression produced in said user by any other design that has been made accessible to the public before the registration application submission date or, if priority is claimed, before the priority date.

The law also establishes a section relating to what are known as Designs of components of complex products. Under this law, where a product is part of another, more complex product (for example, a piece of a radio), the design of this piece can only be protected if it is deemed "novel" and of a singular nature and if,

a) this part, once incorporated into the complex product, continues to be visible while the product is being used;

b) to the extent that these visible features of the component are themselves of a novel and unique character.

In the above example, a wheel for changing the radio dial is visible and could be protected by design, but if the part is inside the radio and cannot be seen during normal use, it could not be registered as an industrial design.

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