2026/04/12

Overview of the Spanish design system

Registration requirements (novelty, originality, etc.)

To be registered as a design in Spain, the design must be novel (Nuevo) and Original (carácter singular). Specifically,novelty means that an identical design has not been made available to the public before the filing date (priority date if priority is claimed) (designs with only minor differences in detail are considered identical). Additionally,uniqueness refers to the overall impression that the design gives to an "informed user" that is different from the impression of other designs published before the filing date. Registration of a design is judged on the basis of absolute noveltyand must not have been published anywhere in the world.

Spanish Design Law (SDA: Ley 20/2003) stipulates that designs that do not satisfy these requirements of novelty and originality, or designs that are contrary to public order and morals, cannot be registered. In addition, designs that includepurely functional shapes (designs that depend only on function) orofficial symbols such as national flags are also excluded from design registration. Therefore, purely functional parts that are not related to the aesthetics of the product and official marks themselves cannot be protected.

Unexamined registration principle: Spain's design registration system basically adopts unexamined registration (formal examination only). The Spanish Patent and Trademark Office (SPTO) does not conduct a substantive examination for novelty or originality at the time of application, but immediately registers and publishes the application if it complies with the formal requirements. The requirements for novelty and originality can become an issue in oppositions and invalidation trials after registration. If someone else discovers an earlier design that is similar or identical to the registered design, the registration can be canceled by raising an objection within two months of registration as described below (grounds for invalidation also include lack of novelty and originality). In this way, in Spain it is possible to quickly register only by examining the formal requirements at the application stage, but for a certain period of time after registration, there is a possibility that the registration may be overturned due to an opposition filed by a third party.

Application procedures (application language, method, fees, availability of electronic filing, etc.)

Language/formality: Design applications in Spain must be filed in Spanish. Applications in other languages will not be accepted and a Spanish translation will be provided if necessary. Filings can be filed in person at the Spanish Patent and Trademark Office (OEPM) or at a regional office, by mail, and electronically. Filing electronically is particularly recommended and offers a 15% reduction in fees when using the online process. For example, the official design application fee is approximately 80 euros, but electronic filing is reduced to approximately 68 euros. At the time of application, applicant information, design drawings or photographs (described later), description of **designated products (according to Locarno classification)**, proof of payment of application fee, etc. are required. Once payment of the application fee has been confirmed and the minimum required documents have been prepared, that day will be the application date (reception date).

Bulk application for multiple designs: In Spain, it is possible to apply for up to 50 designs in one application (unlike Japan, there is no related design system, and multiple designs can be included in the same application). However, multiple designs in the same application mustall belong to the same Locarno classification (product category). As an exception, this restriction may be relaxed in the case of two-dimensional patterns/designs (decorative designs). In the case of a bulk application, an additional fee will be added depending on the number of design points requested, but the fee per item is set to be reduced as the number of applications increases (for example, in the case of electronic filing, the fee is reduced in stages, such as 64.96 euros/item for the 1st to 10th items, 56.85 euros/item for the 11th to 20th items, etc.). It is also possible to file a divisional application after filing the application, in which case a separate division fee will be required.

Priority claim/filing deadline: If you are claiming priority under the Paris Convention, you must file a Spanish application within 6 months of the first filing date (this deadline cannot be extended). A Priority Document must be submitted within three months of filing the application, and a Spanish translation is also required.

Examination/Registration Procedures: As mentioned above, there is no substantive examination, and if the requirements are met in the formality examination, registration will be completed in an average of 3 days to several months. After the registration is decided, the registration information will be published in the Bulletin of Designs (BOPI) and an electronic registration certificate will be issued. The two-month period from the date of public notice is the Opposition period, during which a third party can request cancellation of registration on the grounds of lack of novelty/uniqueness, conflict of first-filing rights, etc. If there are no objections, the registration will be finalized and the first protection period will begin (the protection period will be explained later).

Deferment of publication of application (secret design): If an applicant does not wish to publish the details of his/her design right away, he/she can apply for delaying publication in the Design Gazette for up to 30 months. This Publication Extension System (Deferment) has the advantage of keeping rights confidential in accordance with the timing of product announcements. Even during the extension period, the filing date will be maintained, and provisional rights protection (right to claim compensation described below) will be granted even before official publication. This is a system equivalent to Japan's "secret design (undisclosed for up to 3 years after registration)" system.

Protected target (what is protected)

The Spanish design system protects the exterior design of a product. Legally defined as ``the appearance of the whole or part of a product (industrial or handicraft), resulting from lines, contours, colors, shapes, textures, or the materials themselves or their decoration.'' Therefore, protection can cover a wide range of appearances (designs) of industrial products and handicrafts, including furniture, automobiles, clothing, electronic equipment, packaging, graphic symbols, and typography (typefaces). Also, designs can be registered in both 2D and 3D. For example, two-dimensional designs such as patterns and logos can be registered in the same way as three-dimensional objects.

However, as mentioned above, functionally essential shapes (designs of parts that can only function in that shape) are not protected. For example, if the shape of a part is determined purely for the purpose of joining with other parts (the shape of a so-called "fitting part"), this is an area that should be protected by patents, etc., rather than by design. Similarly, registration of designs that violate public order and morals (for example, those featuring characters or figures that violate public order and morals), and official emblems, flags, and emblems will be refused. These are generally the same as the grounds for refusal of registration under Japan's Design Law.
Spanish designs specify a specificproduct name or classification (Locarno classification) at the time of filing, but the scope of rights after registration is not limited to the type of product. In other words, using a design that is the same as or similar to a registered design in any product field may constitute an infringement of rights. For example, even if a design registered as a chair design is applied to other furniture or miscellaneous goods, the registered design right holder can request an injunction. In this regard, it should be noted that, unlike Japanese design rights, which have a scope for each registered product, design rights in Spain (and the EU) are rights to the design itselfand extend beyond product categories.

Exceptions to loss of novelty (will novelty be maintained within a certain period of time after publication?)

Spain has a grace period (exception period for loss of novelty) regarding loss of novelty of designs. Even if a design is made public by the creator of the design (or his/her successor in rights) or by an unauthorized third party, the publication shall not be deemed to be novel if it is made public within 12 months from the date of the first publication. Therefore, even if a creator accidentally publishes a design, it can be effectively registered as long as the application is filed in Spain within one year (*In Japan, the grace period is also within one year after publication, as in Japan, since the 2018 law reform).

In particular, there is a special preferential treatment system called "exhibition priority" when a design is exhibited and made public at an official international exhibition (World's Fair). This is based on the Paris Convention, and if an application is filed within six months of the exhibition being exhibited at an official exhibition, the loss of novelty caused by the exhibition is not only postponed, but also priority can be claimed based on the opening date of the exhibition. Spain has also adopted this system, and designs published at applicable exhibitions will be treated as novel if filed within 6 months. However, in the case of public release, a 12-month grace period will apply as stated above.

In order to apply for the grace period, it is necessary to declare this at the time of filing and submit prescribed documents (for example, a document certifying the fact of publication) (procedures similar to the exception for loss of novelty in Japan). Please note that if you neglect the application procedures even within the period, the publication will lose its novelty.

Reduction/Exemption System (Is there a reduction/exemption system for application fees and pensions?)

Electronic filing discount: As mentioned above, Spain offers a 15% fee discount for electronic filing. This discount applies not only at the time of filing, but also for renewal procedures (extension registration every five years) after the design is registered. For example, if you apply for renewal electronically, the renewal fee will be 15% cheaper. As a measure to promote electronic filing, such fee reductions and exemptions have been institutionalized.

Fees adjustment for multiple design applications: In addition, when multiple designs are included in one application, a lower additional fee is set depending on the number of designs (as described above). For this reason, it is more advantageous in terms of cost to obtain rights for multiple designs at once than to apply for each one individually. However, designs in different classifications must be filed separately, so they cannot be forced to be combined.
Reduction of pension/renewal fees: Design rights in Spain are subject to renewal every five years after registration (no annual maintenance pension is required), and basically a statutory renewal fee must be paid. General tax reduction measures (for example, preferential fees for small businesses and universities) do not seem to be specifically provided for in Spanish domestic law. However, in recent years, there has been a program to subsidize a portion of trademark and design application fees in EU countries, including Spain, through the SME Fund, a collaboration between EUIPO (European Union Intellectual Property Office) and the European Commission. This is a limited-time measure and is not a permanent reduction/exemption system, but depending on the timing, there were cases in which you could receive 50% cashbackon application fees for domestic designs in Spain. The availability of the system may change from year to year, so it is best to check the latest information from OEPM and EUIPO announcements.

Power of attorney (necessity of submission, submission deadline, etc.)

Local Representative and Power of Attorney: In Spain, applicants residing outside the European Union must always proceed through alocal representative such as a Spanish patent attorney. Japanese companies cannot apply directly to OEPM and must request a Spanish patent attorney. At this time, you will be required to submit a power of attorney. The power of attorney can be a simple one that does not require notarization or other authentication (notarization or consular authentication). Normally, a power of attorney signed by the agent is submittedat the same time as the application, but even if you fail to submit it, additional submissions are permitted within1 month after notification of the directive from OEPM (in this case, a small additional fee will be charged for additional submission).

The power of attorney contains the names and addresses of the applicant (authorizer) and agent (trustee), and is signed by the applicant or agent. It is also possible to submit a general power of attorney common to multiple matters. Please note that if you do not submit an appropriate power of attorney within the deadline, the procedure may be rejected.

If the applicant resides in the EU, it is not necessarily necessary to appoint a local representative, but even in that case, the applicant will be required to specify a contact address in Spain or clearly indicate that he/she will receive notifications from OEPM by email. In practice, Japanese companies usually rely on reliable local agents.

Drawing requirements (drawing type, format, handling of colors, etc.)

Format of submission: A Spanish design application involves submitting drawings or photographs of the design for which protection is sought. In addition to hand-drawn drawings, you can also submit high-quality photographs, and both monochrome and color are accepted. Unlike in Japan, there is no strict distinction between solid lines and broken lines or a specific drawing style is enforced, and the format is flexible as long as the characteristics of the product are clearly expressed. However, submitted images must comply with the format requirements set by the Spanish Patent and Trademark Office (e.g. dimensions of attached drawings maximum 26.2cm x 17cm, image resolution, etc.).

Types of drawings and number of views: You can submit up to 7 views for each design per application. Normally, it is recommended that a total of seven views, including one perspective view and six views (front, back, top, bottom, left side, and right side), be used to show the entire design. In the case of a two-dimensional design that is not a three-dimensional object, seven drawings are not necessarily required, but at least prepare enough drawings so that the viewer can clearly understand the shape and pattern of the design. Images must have a plain background, the object must be clearly distinguishable, and all submitted drawings must show the same design (same product). If there are discrepancies in details between the drawings, it will be considered as a deficiency in the method requirements and corrections will be requested.
Partial design/disclaimer: Spain does not explicitly have a system equivalent to Japan's "partial design," but if you wish to obtain rights for only part of a design, it is permissible to use broken lines, blurring, etc. to depict the parts that are not protected. The annex to the Spanish Utility Model Regulation allows the use of dashed lines or different colors to indicate areas where protection is not sought, and is often used in practice. For example, by drawing only the new parts of the overall shape of the product with solid lines and drawing the existing parts with broken lines, it is possible to claim only the new parts as a design. This type of visual disclaimer makes it possible to specify a partial scope of rights, allowing protection to focus on the essentials of the design. In Spain, it is not recommended to include explanatory numbers, dimensions, characters, etc. in drawings, and the general rule is to show only the shape of the design (necessary explanations can be written in text in the "Explanation" column of the application).

Handling of color: If the submitted drawing is color, the entire appearance including the color is within the scope of the registered design. On the other hand, if a monochrome drawing is registered, the scope of rights is not limited to color but is granted to shape, which may allow for a broader interpretation. Which one you choose depends on your strategy, but in Spain there are many cases in which the product is submitted in color to closely resemble the actual product photo. Unlike in Japan, there is no clear concept of discussing the scope of rights based on the presence or absence of color, but if color is not a distinctive feature, it is acceptable to submit in black and white.

Protection period (initial period and renewal, maximum protection period)

The term of design rights in Spain is the same as in Japan, with a maximum of 25 years, but the boundaries and starting date are different from Japan. The initial term of protection is five years, starting from the application date (the date on which the design application is filed). If you complete the prescribed renewal procedures before the expiry of 5 years after registration, your registration will be extended for an additional 5 years. Thereafter, it can be renewed every five years, and protection can be maintained for up to25 years (5 years x 5 periods). For example, if a design is filed on January 10, 2025, if it is registered, the first period will be until January 10, 2030, and it can be renewed in 2035, 2040, 2045, and 2050 (finally expiring 25 years after filing).

Renewal procedures can be accepted from 6 months before the expiration of each period, and even if the deadline has passed, it is possible to register for an extension by paying an additional fee (25% increase for the first 3 months, 50% increase for the latter 3 months) within the 6 month grace period. Renewal fees are determined for each design, and a 15% discount will be applied if the application is filed electronically, just as at the time of filing. In addition, a design right in Japan has a duration of 20 years from the date of registration (yearly pension payment), but in Spain it is a little longer at 25 years based on the filing date, but the maintenance milestone is in 5-year increments.

Incidentally, in Spain, provisional protection is granted even between the application of a design and the publication of registration. Specifically, if a third party uses the design without permission during the period from application to publication, the registered design right holder can claim compensation for damages (an amount equivalent to the usage fee) for that period after publication. This is called provisional protection and is similar to Japan's system for claiming compensation after publication of an application. Although actual rights (injunctions, etc.) cannot be exercised until after the registration is published, damages that date back to before publication are covered to some extent.

Infringement litigation (what remedies are available and which court has jurisdiction)
Content of rights: Registered designs in Spain grant the right holder exclusive license rights and the right to prohibit unauthorized exploitation by third parties. Specifically, the right holder can request an injunction against a third party who uses the design for unauthorized manufacture, sale, import/export, storage for sale, etc. This scope of protection also extends to the use ofsimilar designs that are identical to the registered design or that do not give a different impression to an informed user. Therefore, counterfeit products are considered infringing even if they have only minor differences in design.

Court of Jurisdiction: In Spain, suits for infringement of design rights are under the jurisdiction ofthe Commercial Courts (Juzgados de lo Mercantil). It has a designated division specifically for dealing with intellectual property matters, and has jurisdiction in major cities (Madrid, Barcelona, Valencia, La Coruña, Las Palmas (Canary Islands), Granada, Bilbao, etc.). At the time of filing the complaint, the appropriate court will be determined from among these depending on the location of the defendant. It should also be noted that if the litigation involves an EU Community Design(described below), the Community Design Court established in Alicante has exclusive jurisdiction. However, in typical cases where a Japanese company wishes to exercise its domestic design rights in Spain, a lawsuit is generally filed in the commercial court.

Remedies:Civil remedies that rights holders can bring include:

Request for injunction (injunction): Requests that the defendant stop or prohibit the infringing act. A provisional injunction (preliminary injunction) can also be filed before the lawsuit or while the lawsuit is pending.

Claim for damages: Seek compensation (monetary compensation) for damages suffered due to infringement. Spanish law allows for multiple calculation criteria, such as the amount equivalent to the profits earned by the infringer and the amount equivalent to license fees.

Disposal/recovery of infringing products: You can request that products with illegal designs or molds used for their production be destroyed or handed over to the right holder.

Publication of judgment: In order to make the fact of infringement widely known, it is possible to request an order to publish the judgment in a newspaper, etc. at the defendant's expense.

Transfer of ownership (assignment request): If the design itself has been registered by the infringer in bad faith, relief may be granted to transfer the right to the right holder.

These remedies are generally similar to the measures allowed in Japanese design infringement lawsuits. However, it should be noted that in Spain, the statute of limitations for civil claims based on infringement of rights expires in five years (same as the general statute of limitations under Japan's civil law, but delays in exercising rights carry risks).

Criminal penalties: In Spain, criminal penalties can also be imposed for malicious infringement of design rights. The Spanish Penal Code provides that anyone who manufactures or sells products without permission in violation of registered design rights (such as industrial property rights) can be sentenced to 6 months to 2 years of imprisonment or a fine for 12 to 24 months. This provision is intended to deter intentional counterfeit product businesses. However, there are high hurdles to building a criminal case, such as proving intentionality, and in reality, it is often used in malicious counterfeit product enforcement on a commercial scale (particularly in cases involving trademark infringement). In Japan, there are criminal penalties such as imprisonment for up to 10 years for infringement of design rights, but it is common that civil remedies are the main method.

Administrative detection (presence of administrative measures such as injunction procedures at customs)
For counterfeit products that infringe on design rights in Spain, administrative control measures such as border injunctions by customs authorities (customs authorities) can be used. This is a system harmonized at the EU level, and is a mechanism by which member countries' customs can stop the import and export of goods that infringe on intellectual property rights, based on EU Regulation 608/2013. A summary of the specific procedures is as follows.

Application to customs: A right holder files a Border enforcement application with the customs authorities for goods that are suspected to infringe on their design rights. You can choose between a Spanish domestic application and an EU-wide application, and once approved, customs will continue to monitor your application for up to one year. Updates are also possible.

Customs examination/approval: The customs authorities will determine whether or not the application is acceptable within approximately 30 business days of the application. A monitoring period (up to one year) is specified in the approval decision, and during this period, imported goods related to the subject design will be checked.

Detection and Detention of Infringing Goods: During the monitoring period, if customs discovers imported goods that are suspected of using the subject design without permission, the customs will suspend customs clearance or detain the goods.

Notification and confirmation: Customs will notify the importer (owner) of the cargo and the design right holder of the cargo detention. The right holder has 10 days after notification to check the detention and determine whether it infringes on his or her own design rights.

Destruction of infringing goods: If the rights holder examines the cargo and confirms that it is infringing, and the owner (importer) of the cargo does not object, Customs will destroy theinfringing goods. The owner's consent is required for disposal, but if no objection is made by the deadline, it will be considered implied consent.

Going to litigation: On the other hand, if the cargo owner objectstothe destruction, customs cannot lift the hold and the rights holder musttake legal action. Typically, this involves filing acriminal complaint to maintain the seizure of the infringing goods, or a full-fledged claim for injunction and damages incivil action. If the rights holder does not file a lawsuit within the specified period, customs will release the cargo.

The above customs injunction procedure is a common system in the EU, rather than in Spain, and is similar to Japan's customs injunction system (import suspension of goods that infringe on intellectual property rights). If a right holder wants to stop counterfeit goods being exported to Spain at the border, he or she can take advantage of this system and mount an injunction at the port of import. This is especially important in the design field as a countermeasure against counterfeits of famous brands (furniture, fashion, etc.). In addition to customs enforcement, crackdowns by administrative authorities in Spain's domestic market (e.g. seizure of store inventory by police or consumer authorities) are usually carried out mainly on products that infringe on trademark rights, and cases in which administrative enforcement is carried out solely on the grounds of infringement of design rights are thought to be limited.

Relationship with international applications (relationship with the Hague Agreement, acceptance of international applications, etc.)

In addition to the domestic system, design protection in Spain is closely related to regional and international systems.
The Hague Agreement (International Registration of Industrial Designs): Spain is a party to the Hague Agreement on the International Registration of Industrial Designs. Therefore, it is possible to designate Spain by filing an international design application (Hague International Registration) through WIPO and obtain a design right that is valid in Spain. For example, if a Japanese company includes Spain as a designated design country via The Hague, it can obtain protection directly in Spain without going through OEPM. In addition, when a Spanish company wants to expand its domestic design overseas, it can obtain multinational design rights by filing a Hague application based on its home country and designating each country. Spain ratified the 1999 Geneva Act in 2004, and Japan also joined in 2015, making it possible for Japan and Spain to mutually acquire designs using the Hague system.

If Spain is designated via the Hague Agreement, the OEPM will be treated in much the same way as a domestic application, and only a formalities examination will be conducted. Since Spain is not an office that conducts substantive examinations for novelty, it usually does not issue notifications of refusal regarding novelty or uniqueness, and if there are no problems with the formal requirements, the international registration will become effective in Spain. If there are any reasons for refusal, they will be notified via The Hague, but most of them are formal matters such as defective drawings and violations of public order and morals. Once a design right is obtained in Spain through international registration, renewal and enforcement of the right are treated in the same way as domestic registration.

Community Design System: As Spain is a member state of the European Union (EU), the EU-level design systems Registered Community Design (RCD) and Unregistered Community Design apply domestically. A registered Community design is a regional unified design right that is obtained by applying to the EU Intellectual Property Office (EUIPO), and is a powerful right that provides blanket protection for all 27 EU countries. When trying to protect a design in Spain, in addition to a registered design in your own country, it is effective to obtain a Community design if your competitors' activities extend throughout the EU. Spanish domestic law (Supplementary Regulations to the Design Law) also specifies that the national design system and the EU Community design system can coexisting, and a right holder can also hold both a national design and a Community design.

Unregistered Designs: Although Spain does not have its own system of unregistered designs, designs published within the EU are subject to Unregistered Community Design Rights. Unregistered Community designs are valid throughout the EU for three years from publication, and are also valid in Spain. However, unregistered rights are limited in that they can be injunctive only against complete copies. Although there is no direct provision regarding unregistered designs under Spanish law, unregistered Community designs will be recognized as part of EU law. In practice, if a copy of your own design is discovered on the Spanish market, it is possible to seek relief (such as an injunction) based on the unregistered Community design, even if it is unregistered and provided it is made within three years of publication.

From the above, there are several options to protect a design in Spain: (1) Application for a Spanish national design, (2) Utilization of an EU Community design, (3) Designation via a Hague international application, and (4) Unregistered Community design (publication)**. For Japanese companies, a strategy is required to use either Spanish-only registration or EU-wide registration, depending on the protected market and business development. For example, the first step is to secure all of Europe with Community designs, and then consider domestic designs if priority measures are taken in a specific country (such as Spain). With the advent of international application systems, procedural options have expanded, so it is important to choose the most suitable route based on the characteristics of each system.

Comparison table of design systems in Spain and Japan (main items)
To help readers understand, below is a table that compares the Spanish and Japanese design systems for each major item. For intellectual property managers accustomed to the Japanese system, focusing on the differences will make the characteristics of the Spanish system even clearer.

Item Spanish design system Japanese design system (reference)

Registration requirements (Novelty & Individuality) Novelty/uniqueness is required, but registration is done only through formality examination (novelty etc. are grounds for objections/invalidation after registration). Shapes that serve only a function or that violate public order and morals cannot be registered. Novelty and ease of creation (substantive originality) are required, and substantive examination is required (novelty and ease of creation are checked during the examination). Purely functional shapes and violations of public order and morals are also prohibited.

Application language/method Apply in Spanish (other languages not accepted). Applications can be submitted on paper, by mail, or electronically. One application can include up to 50 designs (within the same classification). Electronic filing is 15% fee discount. Apply in Japanese (Foreign language applications require translation). You can apply online (there is an additional fee for paper applications). Principle: 1 application, 1 design (there is a related design system, but they cannot be included in the same application). There is a partial fee reduction/exemption for electronic filing.

Required documents Application form (applicant information/product name), drawings or photographs, proof of application fee payment, (power of attorney if an agent is involved), etc. When claiming priority, submit a certificate within 3 months. If you wish to extend publication (confidentiality), please apply. Application (applicant, name of design, etc.), set of drawings (or photographs), creator information, fee (stamp), etc. In principle, priority documents are not required (in the case of Paris priority, it is sufficient to state ``Based on the Paris Convention~'', and submit only if requested). If you wish to have a secret design, please state so.

Examination and registration Fast registration (several days to months) with formal examination only. Publication is given at the same time as registration, followed by a2 month objection period. Confirmed if there are no objections. Novelty and originality are not examined, but objections and invalidity are examined. Substantive examination (examiner examines novelty and difficulty). It usually takes about 6 months to 1 year from application to registration. After the registration assessment and payment of the registration fee, the establishment will be registered and announced. There is no opposition system, and opposition is guaranteed at the examination stage (after registration, only invalidation trial is required).

What is protected (What is protected?) Product exterior design (the aesthetic appearance of the whole or part of the product). Design using lines, shapes, colors, textures, etc. Both 2D/3D are possible. Shapes with only functions, official emblems, etc. are not eligible. The scope of rights extends beyond the product field (not limited to registered goods). **Designs related to the shape, pattern, and color (or combination) of items** (including screen designs). 2D/3D possible. In recent years, buildings and images have also become objects of protection. Shapes with only functional beauty, national flags, etc. are also not allowed. The scope of the right is limited to registered goods (infringement only occurs when the same or similar goods are used).

Exception of loss of novelty (Grace period) 12 months (novelty is maintained if the application is filed within one year from publication by the creator, etc.). An exception applies for official exhibition exhibitions if the application is filed within 6 months. Applicability application is required at the time of application. 12 months (extended from 6 months to 1 year due to legal revision). Novelty exceptions can be applied to conference presentations, exhibitions, web publications, etc. within one year of publication. Specified documents must be submitted at the time of application.

Fees/reductions/exemptions Application fee is approximately 80€ (discounted to approximately 68€ for electronic filing). Additional fees are required for multiple designs (the more designs, the cheaper each one). No registration fee required (application fee only). Renewal fee is 15% discount for electronic renewal every 5 years. There are no specific public exemption measures (there is a subsidy system for SMEs for a limited time). Application fee: 16,000 yen (1,200 yen reduced for electronic applications), registration fee: 25,500 yen for 1 to 3 years (paid at first registration). Thereafter, the pension will start at 7,600 yen/year for the fourth year (increases each year). There is a reduction/exemption system for small and medium-sized enterprises that have received approval from the Commissioner of the Japan Patent Office (exemption of 1/2 of examination request fees and pensions, etc.).

Power of Attorney Representative required for non-EU applicants Power of attorney must be submitted (certification not required). It is preferable to submit the application at the time of application, but submission can be postponed for up to one month after notification. The agent is an industrial property agent (patent attorney, etc.) residing in Spain. A representative (patent attorney) is required for those residing outside of Japan. In principle, a power of attorney is not required (the agent has the power of representation based on the notification). Submit only when requested by the Patent Office. Japanese companies can usually apply directly from their own intellectual property department (representation is optional).

Drawing requirements Drawings or photos can be submitted. Color available. Maximum of 7 views (perspective view + 6 views) for each design. Image size and other formats are specified. Unrequested parts can be displayed using broken lines, etc. High-definition images that clearly show product features are required. Explanatory characters etc. cannot be written in the diagram. **Drawings (or photos)** Submitted. Monochrome drawings are the norm (photos are also acceptable these days). Submit six-sided drawings + sectional drawings, etc. as necessary (preferably according to the specified drawing type). There are size regulations (A4 etc.). Partial designs can be expressed using broken lines (partial design system). Codes in drawings are possible (explanatory numbers, etc. can be written).

Protection period 5 years x maximum 25 years (based on filing date). Granted automatically for the first 5 years, extended every 5 years by paying the registration fee, and expires in 25 years. No annual pension required (paid in 5 year increments). The renewal grace period is 6 months after expiration (additional charges apply). 20 years (based on registration date). Payment is made for the first 3 years at the time of registration, and annual pension payments are made from the 4th year onwards, which can be maintained until the 20th year. Rights are forfeited due to non-payment of pension. Extension of the term is not possible (no 25-year system). *The duration of design rights remains unchanged due to the 2020 law revision.

Jurisdiction for infringement proceedings (Jurisdiction) **Commercial Court (Commercial Division of each major city)** Jurisdiction of first instance. Specialized departments established in Madrid, Barcelona, etc. Community design matters are subject to the jurisdiction of the EU Design Court in Alicante. Appeals go to the state high court and then to the Supreme Court. ** District Court (Intellectual Property Central Division of Tokyo, Osaka, etc.)** Jurisdiction of the first instance. The Intellectual Property High Court is the appellate court and the highest court. Specialized departments for each region are not yet established (with the exception of some regions, jurisdiction is concentrated in Tokyo and Osaka).

Remedies (Remedies) Injunction, Compensation for damages, Disposal of infringing goods, Notification of judgment, etc. Provisional disposition (injunction) possible. The statute of limitations for civil claims is 5 years. There are criminal penalties for malicious infringement (6 months to 2 years imprisonment, etc.). Injunction, Compensation for damages, Restitution of unjust enrichment, **credit restoration measures (apology advertisement)**, etc. Provisional disposition possible. The statute of limitations for civil claims is 3 years (3 years for damages from the time the damage was discovered). There are criminal penalties (up to 10 years imprisonment, etc.) *There are only a few cases where this is applied.

Customs Enforcement (Border Enforcement) Customs suspension system based on EU regulations available. It is possible to suspend the import of infringing goods upon application by the right holder. Retained items can be destroyed without consent, and if you object, you will go to court. There are additional regulations specific to Spain (2006 Ministry of Finance Decree). Customs suspension system available (import suspension based on the Customs Tariff Law). This also applies to design rights. Infringing goods can be confiscated and destroyed as soon as customs approves the right holder's application for import suspension (in case of objection, proceed to court). Basically similar to the EU system.

Relationship with international and regional systems Hague Agreement Membership (Spain can be designated for international registration). EU Community Design is valid domestically. Contains unregistered Community Design (protected for 3 years). Domestic and EU systems can coexist. Hague Agreement Membership (international registration possible based on Japan). There is no unified regional design system (each country must obtain one; EU Community designs are not covered as they are non-member countries). There is also no unregistered design system (designs must be registered or protected by copyright).

(*The contents of the Japanese system above are based on the Design Law as of 2025)

References/Sources

ICLG, Designs Laws and Regulations 2025 – Spain, Chapter 2.1-2.2: Requirements (novelty/uniqueness) and public order and morals, Published Nov 11, 2024.

Spanish administrative authority website "Protección de Diseños Industriales" Requisitos section: Definition of novelty/uniqueness and grounds for exclusion (last updated 21-04-2025).

ICLG, Designs – Spain, Explanation of the application procedure: Registration is subject to formality examination only, and there is a two-month opposition period after registration.

IP Coster, Industrial Design in Spain – Filing requirements, Spanish language only, Power of attorney filing requirements (Information provided by VILCHES Y ASOCIADOS, updated 03.03.2025).

Spanish Industrial Property Office (OEPM) "Cómo registrarlo": Application method (15% discount for electronic filing), fee is approximately 80 euros (subject to annual revision).

WTR, Protecting and enforcing design rights: Spain, Application drawing requirements (up to 7 drawings, disclaimers such as image quality, broken lines, etc. can be submitted); Spanish government site drawing requirements (up to 7 views can be submitted).

Spanish government website "Duración de la protección": The protection period for design rights is 5 years from the filing date, up to 25 years with renewal every 5 years.

WTR, Protecting and enforcing design rights: Spain, civil remedies (injunction, compensation, destruction, etc.), 5-year limitation period and competent court (commercial court).

ICLG, Designs – Spain, Border Control Measures: Basis of EU regulations for customs seizures, overview from application to measures.

Spanish government website "Dónde tiene validez": References to Community designs and Hague international designs; ICLG appendix: Unregistered designs are subject to the Community design system without national regulations.

Item	Spanish design system	Japanese design system (reference)
Registration requirements (Novelty & Individuality)	Novelty/uniqueness is required, but registration is done only through formality examination (novelty etc. are grounds for objections/invalidation after registration). Shapes that serve only a function or that violate public order and morals cannot be registered.	Novelty and ease of creation (substantive originality) are required, and substantive examination is required (novelty and ease of creation are checked during the examination). Purely functional shapes and violations of public order and morals are also prohibited.
Application language/method	Apply in Spanish (other languages not accepted). Applications can be submitted on paper, by mail, or electronically. One application can include up to 50 designs (within the same classification). Electronic filing is 15% fee discount.	Apply in Japanese (Foreign language applications require translation). You can apply online (there is an additional fee for paper applications). Principle: 1 application, 1 design (there is a related design system, but they cannot be included in the same application). There is a partial fee reduction/exemption for electronic filing.
Required documents	Application form (applicant information/product name), drawings or photographs, proof of application fee payment, (power of attorney if an agent is involved), etc. When claiming priority, submit a certificate within 3 months. If you wish to extend publication (confidentiality), please apply.	Application (applicant, name of design, etc.), set of drawings (or photographs), creator information, fee (stamp), etc. In principle, priority documents are not required (in the case of Paris priority, it is sufficient to state ``Based on the Paris Convention~'', and submit only if requested). If you wish to have a secret design, please state so.
Examination and registration	Fast registration (several days to months) with formal examination only. Publication is given at the same time as registration, followed by a2 month objection period. Confirmed if there are no objections. Novelty and originality are not examined, but objections and invalidity are examined.	Substantive examination (examiner examines novelty and difficulty). It usually takes about 6 months to 1 year from application to registration. After the registration assessment and payment of the registration fee, the establishment will be registered and announced. There is no opposition system, and opposition is guaranteed at the examination stage (after registration, only invalidation trial is required).
What is protected (What is protected?)	Product exterior design (the aesthetic appearance of the whole or part of the product). Design using lines, shapes, colors, textures, etc. Both 2D/3D are possible. Shapes with only functions, official emblems, etc. are not eligible. The scope of rights extends beyond the product field (not limited to registered goods).	Designs related to the shape, pattern, and color (or combination) of items (including screen designs). 2D/3D possible. In recent years, buildings and images have also become objects of protection. Shapes with only functional beauty, national flags, etc. are also not allowed. The scope of the right is limited to registered goods (infringement only occurs when the same or similar goods are used).
Exception of loss of novelty (Grace period)	12 months (novelty is maintained if the application is filed within one year from publication by the creator, etc.). An exception applies for official exhibition exhibitions if the application is filed within 6 months. Applicability application is required at the time of application.	12 months (extended from 6 months to 1 year due to legal revision). Novelty exceptions can be applied to conference presentations, exhibitions, web publications, etc. within one year of publication. Specified documents must be submitted at the time of application.
Fees/reductions/exemptions	Application fee is approximately 80€ (discounted to approximately 68€ for electronic filing). Additional fees are required for multiple designs (the more designs, the cheaper each one). No registration fee required (application fee only). Renewal fee is 15% discount for electronic renewal every 5 years. There are no specific public exemption measures (there is a subsidy system for SMEs for a limited time).	Application fee: 16,000 yen (1,200 yen reduced for electronic applications), registration fee: 25,500 yen for 1 to 3 years (paid at first registration). Thereafter, the pension will start at 7,600 yen/year for the fourth year (increases each year). There is a reduction/exemption system for small and medium-sized enterprises that have received approval from the Commissioner of the Japan Patent Office (exemption of 1/2 of examination request fees and pensions, etc.).
Power of Attorney	Representative required for non-EU applicants Power of attorney must be submitted (certification not required). It is preferable to submit the application at the time of application, but submission can be postponed for up to one month after notification. The agent is an industrial property agent (patent attorney, etc.) residing in Spain.	A representative (patent attorney) is required for those residing outside of Japan. In principle, a power of attorney is not required (the agent has the power of representation based on the notification). Submit only when requested by the Patent Office. Japanese companies can usually apply directly from their own intellectual property department (representation is optional).
Drawing requirements	Drawings or photos can be submitted. Color available. Maximum of 7 views (perspective view + 6 views) for each design. Image size and other formats are specified. Unrequested parts can be displayed using broken lines, etc. High-definition images that clearly show product features are required. Explanatory characters etc. cannot be written in the diagram.	Drawings (or photos) Submitted. Monochrome drawings are the norm (photos are also acceptable these days). Submit six-sided drawings + sectional drawings, etc. as necessary (preferably according to the specified drawing type). There are size regulations (A4 etc.). Partial designs can be expressed using broken lines (partial design system). Codes in drawings are possible (explanatory numbers, etc. can be written).
Protection period	5 years x maximum 25 years (based on filing date). Granted automatically for the first 5 years, extended every 5 years by paying the registration fee, and expires in 25 years. No annual pension required (paid in 5 year increments). The renewal grace period is 6 months after expiration (additional charges apply).	20 years (based on registration date). Payment is made for the first 3 years at the time of registration, and annual pension payments are made from the 4th year onwards, which can be maintained until the 20th year. Rights are forfeited due to non-payment of pension. Extension of the term is not possible (no 25-year system). *The duration of design rights remains unchanged due to the 2020 law revision.
Jurisdiction for infringement proceedings (Jurisdiction)	Commercial Court (Commercial Division of each major city) Jurisdiction of first instance. Specialized departments established in Madrid, Barcelona, etc. Community design matters are subject to the jurisdiction of the EU Design Court in Alicante. Appeals go to the state high court and then to the Supreme Court.	District Court (Intellectual Property Central Division of Tokyo, Osaka, etc.) Jurisdiction of the first instance. The Intellectual Property High Court is the appellate court and the highest court. Specialized departments for each region are not yet established (with the exception of some regions, jurisdiction is concentrated in Tokyo and Osaka).
Remedies (Remedies)	Injunction, Compensation for damages, Disposal of infringing goods, Notification of judgment, etc. Provisional disposition (injunction) possible. The statute of limitations for civil claims is 5 years. There are criminal penalties for malicious infringement (6 months to 2 years imprisonment, etc.).	Injunction, Compensation for damages, Restitution of unjust enrichment, credit restoration measures (apology advertisement), etc. Provisional disposition possible. The statute of limitations for civil claims is 3 years (3 years for damages from the time the damage was discovered). There are criminal penalties (up to 10 years imprisonment, etc.) *There are only a few cases where this is applied.
Customs Enforcement (Border Enforcement)	Customs suspension system based on EU regulations available. It is possible to suspend the import of infringing goods upon application by the right holder. Retained items can be destroyed without consent, and if you object, you will go to court. There are additional regulations specific to Spain (2006 Ministry of Finance Decree).	Customs suspension system available (import suspension based on the Customs Tariff Law). This also applies to design rights. Infringing goods can be confiscated and destroyed as soon as customs approves the right holder's application for import suspension (in case of objection, proceed to court). Basically similar to the EU system.
Relationship with international and regional systems	Hague Agreement Membership (Spain can be designated for international registration). EU Community Design is valid domestically. Contains unregistered Community Design (protected for 3 years). Domestic and EU systems can coexist.	Hague Agreement Membership (international registration possible based on Japan). There is no unified regional design system (each country must obtain one; EU Community designs are not covered as they are non-member countries). There is also no unregistered design system (designs must be registered or protected by copyright).