Comprehensive Overview of Spain’s Design Laws and Regulatory Framework for 2026

The Spanish Patent and Trademark Office (SPTO) serves as the primary authority responsible for receiving, examining, and granting design registrations within Spain. Alongside the SPTO, the European Union Intellectual Property Office (EUIPO) administers European Union designs (EU designs), which hold validity and enforceability in Spain.

Jurisdiction over proceedings concerning revocation, invalidity, and infringement of design rights lies with the Spanish courts. However, when such cases involve EU designs, jurisdiction is vested in the EU Design Court.

The foundational legislation governing design protection in Spain is the Industrial Design Legal Protection Act (Law No 20/2003 of July 7, 2003), commonly referred to as the Spanish Design Act (SDA). This Act is supplemented by the Implementing Regulations promulgated via Royal Decree 1937/2004 dated September 27, 2004.

Additional statutory provisions impacting Spanish design rights include the Patent Act 24/2015 (July 24, 2015), the Civil Procedural Act 1/2000 (January 7, 2000), the Organic Act 10/1995 on the Criminal Code (November 23, 1995), Royal Decree 1431/2008 (August 29, 2008) amending industrial property regulations, and Act 19/2006 (June 2006), which enhances enforcement measures for intellectual and industrial property rights and establishes procedural rules aligned with Community regulations.

At the European Union level, relevant legislation encompasses Council Regulation (EC) No 6/2002 on Community Designs, Commission Regulations (EC) Nos 2245/2002 and 2246/2002 concerning implementation and fees, and Directive 98/71/EC on the legal protection of designs. Notably, Directive (EU) 2024/2823, adopted on October 23, 2024, recasts the previous Directive 98/71/EC, while Regulation (EU) 2024/2822 amends Council Regulation (EC) No 6/2022 and repeals Commission Regulation (EC) No 2246/2002. Additionally, Commission Implementing Regulation (EU) 2025/73, dated January 17, 2025, modifies Commission Regulation (EC) No 2245/2002 related to Community Designs.

Under Article 5 of the SDA, a design qualifies for registration if it is new and possesses individual character. Article 6 defines a design as new if no identical design has been publicly disclosed before the filing date or priority date, if claimed. Article 7 stipulates that a design has individual character when the overall impression it produces on an informed user differs from that of any prior publicly disclosed design.

Article 12 of the SDA excludes from registration any designs that contravene public order or morality.

Registration requirements, as outlined in Article 21(1) of the SDA and Article 1 of the Implementing Regulations, mandate the following information: identification of the applicant including full name, nationality, and address; if the applicant resides outside Spain, a Spanish address for notifications is required unless represented by a Spanish-based agent.

Applicants may claim priority supported by an unlegalised certified copy of the priority document, which can be submitted post-filing. Exhibition priority claims are also permissible with supporting certificates. Submission of earlier application copies or translations is not required if irrelevant to validity determination or if already accessible to the SPTO.

The citation of the designer or design team must be provided, or alternatively, a statement by the applicant waiving the right to be cited.

This comprehensive legal framework ensures robust protection and enforcement of design rights in Spain, harmonized with evolving European Union regulations, thereby facilitating clarity and certainty for designers and rights holders operating within Spain and the broader EU market.