New Spanish Design Law

By Dott. Fabrizio Miazzetto, Bardehle Pagenberg (Alicante)

On July 8, 2004, the Spanish Law 20/2003 on Designs has come into force. The Spanish Patent and Trademark Office has already started receiving applications for national designs.

The law is the latest result of the harmonisation effected by Directive 98/71 and has finally substituted the regulations of the "Estatuto de la Propiedad Industrial" that still regulated this important Industrial Property right since 1930.

All the main requirements set out by the Directive have been implemented in the national regulation, and the resulting scenario is an IP right finally independent from aesthetic and artistic criteria, the protection of which is afforded because of the added value that it gives to the product in the marketplace.