Design not only defines the appearance of a product, but also shapes the user’s experience and strengthens business competitiveness. The protection of design, the construction of a brand identity and the importance of registration as a key tool for differentiation were the focus of “Design: Creation, Strategy and Regulation”, an event organised by PONS IP and UDIT, University of Design, Innovation and Technology, in collaboration with the Spanish Patent and Trademark Office, or SPTO.
Held on 20 February at the Fundación PONS in Madrid, the event consisted of a round table discussion moderated by Luis Ignacio Vicente, Strategic Advisor of PONS IP. María José de Concepción, Director of the Patents and Information Technology Department of the SPTO, Javier Sanz, President of DIMAD and Director of the Product Design and UX Department of UDIT, Santiago Ros, Director of the Legal Department of Mustang, María Fernanda Piñero, Intellectual Property Manager of Mahou-San Miguel and David de Pablos, Industrial Designer and professor at UDIT, participated in the event.
Regulatory changes in the EU
The conference began with a brief presentation on the new features introduced by the new regulatory framework for design protection promoted by the European Union. In this regard, María José de Concepción explained not only how this regulatory body seeks to modernise and harmonise current legislation, but also how it aims to make the registry of designs more accessible and efficient.
She explained that the main new features include the simplification of the registration process, which allows owners to publicly indicate that their design is protected, and the elimination of the requirement to submit physical samples. In addition, it introduces the possibility for Member States to offer protection to unregistered designs, broadening the legal protection options for creators and companies.
Another major reform is the strengthening of the fight against counterfeiting, with measures to prevent the circulation of unauthorised products in the EU and to give greater control to right holders over technologies such as 3D printing. Restrictions on multiple applications for registration are also removed, making it easier to protect several designs in a single procedure, and a new Ⓓ seal is created to inform consumers that the design is protected.
“Design protection is not only a legal issue, but a key tool to guarantee its continuity and profitability,” said María José de Concepción, who added that this new regulatory framework “will provide a competitive advantage and strengthen protection at the European level, encouraging more designers and companies to register their creations.” At the same time, however, she stressed that each project is unique and that the decision to protect a design must be linked to its commercialisation and profitability: “Protecting for the sake of protecting makes no sense if it is not used as a tool to gain visibility.”
In turn, Luis Ignacio Vicente mentioned that “the new regulation is an opportunity to consolidate industrial design as a strategic pillar in Spain,” adding that “the country is already a powerhouse in this field, ranking eighth in the world in terms of the number of registrations.”
Design protection and artificial intelligence
For Javier Sanz, one of the great challenges for designers in the coming years will be to internalise the importance of registration as a natural part of the creative process. “When designers assume that, in the final stages of their work, registering their design is key, they will be more protected, more valued and will capitalise economically on their ideas,” he said. In addition, he mentioned that although there is growing awareness of design protection, there is still a certain lack of knowledge. “Before, many people did not know what to do to protect a patent or a design. Now there is this concern from the first year of training, but there is still a lot of work to be done,” he explained.
A paradigmatic case of the importance of protecting the design is that of the famous Solán de Cabras blue bottle. María Fernanda Piñero stated in this regard that “the blue bottle is a symbol of the company. We have protected it over the years by registering it as an industrial design, bringing out special editions and defending its exclusivity in the market. We try to ensure that there are no other bottles with the same shade of blue and the same shape.” At Mahou-San Miguel they have applied this same approach to other products: “We have registered everything from beer taps to special packaging, because we understand that design is fundamental for brand value and to differentiate ourselves in such a competitive market.”
In the case of Mustang, Santiago Ros showed the importance of balancing creativity, strategy and legal protection. He said that in a sector like fashion, where trends evolve every six months, not all designs can be registered, nor should they be. “We establish filters between the legal team and the design team to analyse on a model-by-model basis. If it is a very basic design, without great originality, we don’t register it. We only protect what really has a personalisation specific to the brand, an added value”.
With this in mind, David de Pablos assessed the importance of courage and proactivity in young designers. “I would recommend that they be as creative and innovative in the construction of their brand as they are in the development of their designs. Often fear, derived from inexperience, holds them back. That fear is overcome with time, patience and learning,” he said. In his opinion, the challenge is not only to design, but also to mature ideas and understand that creativity must go hand in hand with personal and professional strategy.
Unsurprisingly, the impact that artificial intelligence is having on the world of design took centre stage in part of the debate. In this sense, Javier Sanz stated that artificial intelligence should be seen more as an ally than as a threat: “The opportunity lies in knowing how to use it to our advantage, without designers feeling that they are consumed by it. AI used well offers a competitive advantage, but precisely because of this, the added value that a designer brings to a product must be even greater.”
At the same time, David de Pablos pointed out that in addition to being a tool, AI can become a competitor of design, despite the fact that, until now, in order to generate creations, its knowledge is based on pre-existing references. “We try to rely on other values, such as historical design or nostalgia, which AI can hardly replicate without previous references,” he said. He also commented on how globalisation and Asian competition have pushed European companies to reinforce their differentiation, opting for more distinctive designs with a greater cultural background.
The conference, in which different points of view were exchanged, concluded with a key recommendation for any young designer who wants to grow professionally in this field: “When in doubt, register your design.”
For more information on this topic, download the guide and find out everything you need to know to protect your designs.
If you were unable to attend, the full video of the event is now available.
