INDUSTRIAL PROPERTY

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Industrial property is a set of rights that protect industrial and commercial creations, such as trademarks, patents, industrial designs, trade secrets and other rights related to intellectual property.

Your objective is protect innovation and creativity, encouraging fair competition in the marketplace and ensuring that inventors and creators benefit from their work. Industrial property also helps companies to build and maintain their reputation and to distinguish themselves from their competitors in the marketplace.

Practical examples of industrial property

Here are some practical examples of industrial property:

1. Patent (+): A technology company develops a new mobile application that solves a specific problem for users. To protect its invention, it applies for a patent that gives it the exclusive right to manufacture, use and sell the application for a certain period of time.
2. Registered trademark: a small clothing company creates a unique and attractive brand for its products. To ensure that no one else uses its brand, it registers its name and logo as a trademark, which gives it the exclusive right to use the brand in its business.
3. Industrial design: a high-end furniture manufacturer creates a unique and distinctive design for a sofa. To prevent others from copying his design, he applies for industrial design protection which gives him the exclusive right to produce and sell the sofa.
4. Utility model: An engineering company develops a new tool that simplifies a specific manufacturing process. To protect its invention, it applies for a utility model that grants it the exclusive right to manufacture and sell the tool for a certain period of time.
5. Business secrecy: A food company creates a secret formula for its flagship product. Instead of patenting the formula, the company keeps it secret and puts security measures in place to protect its confidentiality.

How to apply for industrial property?

To apply for industrial property, the following steps are generally followed:

1. Carry out a prior search to check that the invention or design has not been previously registered. This is done in the industrial property databases that exist in each country or at the international level.
2. Prepare the necessary documentation for the application, including a detailed description of the invention or design and the necessary technical drawings.
3. File the application with the corresponding industrial property office, either at national or international level. It is important to comply with all the requirements and deadlines established by law.
4. The industrial property office will review the application and conduct a substantive examination to check that it meets the requirements for patentability or design registration. If everything is in order, the patent or registration will be granted.
5. Once a patent or registration is granted, a fee must be paid and periodically renewed to keep it in force.

It is important to note that the industrial property application process varies according to the country and the type of property to be protected.

Industrial property and intellectual property

Industrial property and intellectual property are two different concepts that refer to the protection of different types of creations. The industrial property refers to the protection of inventions and industrial designs, as well as trademarks and trade names. This includes patents, utility models, industrial designs and trademarks. The intellectual property, on the other hand, refers to the protection of literary, artistic and scientific works, such as books, music, paintings and software. This includes copyrights, software patents, service marks and collective marks.

Both forms of protection are important for companies and entrepreneurs, as they allow them to protect their creations and products, and give them the exclusive right to use and market them. Industrial property is understood as a set of exclusive rights that protect both the innovative activity manifested in new products, new processes or new designs, and the commercial activity, by means of the exclusive identification of products and services offered on the market.

Industrial Property is a all the rights recognised by law that protect intellectual creation in the industrial field, including trademarks, industrial designs, patents and trade names. Industrial Property protects investment and innovation in the industry, and allows rightholders to control and commercially exploit their creations.

The advantages of Industrial Property

1. Protection of the invention: an industrial property protects the invention for a certain period of time, preventing other persons or companies from using it without authorisation.
2. Market differentiation: an industrial property can be used as a marketing tool to differentiate the product or service from the competition.
3. Source of income: industrial property can be licensed or sold, which generates income for the company that owns it.
4. Added value: industrial property increases the value of the company by giving it a unique position in the market.
5. Strengthening the brand: industrial property helps to strengthen a company's brand and reputation.
6. Protection abroad: Industrial Property can also protect the invention in other countries, which facilitates the international expansion of the company.

How to apply for industrial property?

To apply for an industrial property in Spain, the following steps must be followed:

1. Identify the product or service to be protected.
2. Verify whether the product or service meets the requirements of novelty, originality and industrial suitability.
3. Prepare a detailed description of the product or service to be protected.
4. Conduct a background search to verify that the product or service has not already been registered.
5. Apply for industrial property registration through the Spanish Patent and Trademark Office (SPTO).
6. Pay the corresponding fee.
7. Wait for the SPTO's decision. If the application is accepted, the industrial property will be registered and protected for a certain period of time.

It is important to keep in mind that the industrial property application process can be complex and requires specialised knowledge in the field, so we recommend the help of a lawyer or an industrial property agent that you can meet during the mentorDay acceleration programme.

DIFFERENCE BETWEEN INDUSTRIAL PROPERTY AND INTELLECTUAL PROPERTY:

Industrial property refers to legal rights over inventions, trademarks, trade names and industrial designs. Intellectual property, on the other hand, covers a wide range of rights over intellectual creations, such as literary, artistic and scientific works, as well as rights over trademarks and patents. In a nutshell, industrial property focuses on protecting industrial products and processes, while intellectual property focuses on protecting any original and innovative creation that has economic value.

How to protect your intellectual property rights in Spain?

In Spain, intellectual property rights are defended through the Intellectual Property Register. Therefore, we can currently register the intellectual property rights of works, performances or productions protected by law. Occasionally, certain industrial designs are subject to registration in the Intellectual Property Register. 

These are the basic features of the register:

• It is voluntary. Registration is not compulsory. Copyright arises by the mere fact of the creation of a work.
• This is obvious, but the rights that are registered exist and are presumed to belong to the registered holder.
• The entries in the register are public, certifications, simple notes can be requested or accessed electronically.
• It reflects the successive registrations of ownership of the right from its birth until it enters the public domain.
• It involves qualification. The registrar qualifies and decides on the legality of the intended registration, by means of registration, suspension or refusal. The registrar has 6 months to decide.

At the organisational level, the registry system in Spain is unique and decentralised. It is composed of a central registry and territorial registries (in the Autonomous Communities that have created them). There is also a coordination commission that collaborates with them. Nowadays, registration no longer requires a public deed. This simplifies and reduces the cost of the procedure.

When can I register a design in the Public Register of Intellectual Property?

Sometimes, the result of the design can also be considered as an intellectual work, so that in addition to the rights of the design itself, the rights generated by its status as an intellectual work can also accrue. This occurs only in cases where the design possesses a certain degree of originality (creative height). Intellectual Property consists of the direct attribution by Law of a series of rights in favour of the creator (called copyright), so that the latter holds a monopoly of exploitation to reproduce, distribute, publicly communicate and transform the created work.

The birth of these rights occurs automatically by the mere fact of their creation, without the need for registration, although it is possible and advisable to register them, for purposes of proof, in the public Intellectual Property Register, under the Ministry of Culture and the Autonomous Communities, which is the only Intellectual Property Register authorised to issue official certifications, as a public document, of the registrations made.

IT IS IMPORTANT TO TAKE THE FOLLOWING ASPECTS INTO CONSIDERATION:

• The validity of copyright extends throughout the life of the author and 70 years after his death. The Registrar of Intellectual Property is responsible for the qualification of originality, for the sole purpose of registration, so NOT all designs are registrable in this register.
• The Law grants the rights over an intellectual work directly to the natural person who created it. In the event that the rights are to be registered in the name of a third party (another natural or legal person), it will be necessary to provide the Registry with documentary evidence of the means of transfer from the author to the successive holder(s).
• Entry in the Public Register of Intellectual Property generates a presumption, so that, in the absence of proof to the contrary, it is presumed that the registered rights exist and belong to their owner in the form determined in the respective entry (the burden of proof is shifted to the person who disputes it). The above effects are limited to Spanish territory, without prejudice to its value as a public document, for the purpose of socially accrediting the ownership of the rights abroad.

Further information here (+)

INDUSTRIAL DESIGN REGISTRATION IN SPAIN:

An industrial design adds value to a product, makes it more attractive and eye-catching to customers and may even be the main reason for the consumer's purchase. By protecting a design at the SPTO (Spanish Patent and Trademark Office), its owner obtains the exclusive right to prevent third parties from reproducing or imitating it without his authorisation, but in addition, there are other rights. additional benefits:

• It distinguishes our products from our competitors.
• Improve the image of a company.
• It is a right that can be inherited, mortgaged, licensed, assigned or sold, which helps to earn additional income.

If your target market is going to be the European Union, once you have applied for your Design in Spain, and within six months from the application date, you will be able to apply for a Community Design valid in the 28 countries of the European Union, granted by the European Union Intellectual Property Office (EUIPO).

Further information here (+).

WHAT CAN BE REGISTERED AS AN INDUSTRIAL DESIGN?

The two requirements that must be met to register a design in Spain are:

• The design must be "new", a design is considered to be new if no other identical design has been made public before the filing date of the application for registration.
• It must have "uniqueness" which implies that the impression it produces on an informed user is different from the overall impression produced by previous design(s).

Designs that serve only a technical function, official symbols or emblems (such as the national flag) or those contrary to public policy CANNOT be registered as a design.

ASPECTS TO BE CONSIDERED IN RELATION TO INDUSTRIAL DESIGNS:

• They can be applied for from €76.43*, without the need for an intermediary, processed electronically and paid for by credit card.
• They are granted within 1 month on average but if there are no defects they can be granted in as little as 72 hours.
• The award coincides with the publication and only if there are competitions is there a novelty/singularity examination.
• They are published in colour and in electronic format, so that publication in the BOPI can be used in a commercial catalogue.
• They can be protected for 25 years and are compatible with other intellectual property rights.
• They can be presented using the "Express Design" service, which consists of a pre-diagnosis of the designs to be presented and support after their presentation. Request the service to this email address.

HOW DO I KNOW THAT AN INDUSTRIAL DESIGN IS REGISTERED IN SPAIN?

The SPTO offers free access to the Designs database, where it is possible to consult the more than 230,000 designs that have been registered in Spain over the last 48 years. The base has several fields: applicant, design title, dates, etc. and allows the display of information associated with the design.