Unlike patents and utility models, industrial designs and models protect the aesthetic appearance of goods rather than their functional novelty.

Industrial models are objects that can serve as prototypes for the manufacture of a product and that can be described in terms of their structure, configuration, ornamentation or representation.

At present there are three procedures through which designs may be protected:

– National system
– Community Designs
– International system

1. National System
The recent 20/2003 Industrial Design Law is the result of the efforts to modernise intellectual property legislation, particularly with regard to industrial models, which, until last July was regulated by a law dating from 1929.

Amongst the most relevant features of said Law is the so-called twelve-month "grace period" which allows the holder or a third authorised party to disclose the design without destroying its novelty. This allows a proprietor the opportunity to determine whether seeking protection for a design is likely to be worth the money and time registration before the Spanish Patent and Trademark Office requires.

Registration is granted for a period of five years from the date on which the application was filed, renewable for further five-year periods up to a maximum of 25 years.

It is also important to emphasize that the owner of a design shall have the right to use the design and to obtain relief should any third party use it without consent after its registration is published.

In short, the new Industrial Design Law endeavours to put an end to deliberate copying, counterfeiting and piracy and foster creativity and innovation.

2. Community System
Community designs are protected in the European Union by Council Regulation 6/2002, which creates a uniform and unified legal framework within the EU in areas as significant as the automobile, textile, and shoe industries.

The essential feature of the Community design system is the recognition of both registered and unregistered designs provided these meet the requirements of novelty and individual character.

A Registered Community Design (RCD) is filed before the OHIM and gives its owner exclusive right to use and prevent the use by unauthorised third parties of said design. It has a life of five years that can be renewed for further five-year periods up to a maximum of 25 years.

The Unregistered Community Design (UCD) protects a design for a period of three years form the date on which the design was first made available to the public within the Community and gives the right to prevent the commercial use of the design only if the use results from copying.

The UCD is particularly advantageous for those sectors of industry, which produce short-lived designs (e.g. fashion). Since the duration of registration is of lesser importance, a three-year protection period is reasonable.

The new design legislation encourages innovation and development of new products, providing mainly individual and medium-sized designers with a simple, cost-efficient, unitary system with effect in all the European Union similar to that of Community trade marks.

3. International System. The Hague Agreement.
The Hague Agreement Concerning the International Deposit of Industrial Designs (a WIPO-administered treaty) gives the owner of an industrial design the possibility to have his design protected in several countries by simply filing one application.

A national of any contracting party may protect its designs in any of the Member States, filing a single international deposit either with WIPO or the national office of a country, which is party to the treaty. Such application shall be subject to the applicable national legislation of each of designated Member States.

In this regard, we must also mention the entry into force in Spain of the Geneva Law, concerning the international registration of industrial designs, on December 23, 2003, which simplifies the enlargement of geographic protection established by The Hague Agreement.