On October 10, 2024, the Council of the European Union approved a package of legislative reforms with the aim of improving the protection of industrial designs. This includes a new Regulation amending Council Regulation (EC) No 6/2002 on Community designs, as well as a new Directive strengthening legal protection within the EU. This article explores in depth the objectives of the new standard for the protection of industrial designs, its main innovations, opportunities and entry into force. What are the objectives of the legislative reform package on industrial designs? This legislative review pursues several key objectives: Modernise the protection systems for industrial designs in the EU. The previous Directive dates back to 1998, so the new standard aims to better adapt to the current economic and technological context, including new market realities, digital innovations and marketing methods. Create a more accessible and attractive protection model for individual designers and companies, especially SMEs. These actors often faced numerous barriers and the new law seeks to offer more efficient and effective legal protection. Protection of designs and models: main new developments 1. Introduction of the term “European Union design” One of the main changes is the replacement of the term “Community design” by “European Union design”. This change responds to the need to modernise legal language, as well as to unify terminology in line with other concepts such as “European Union trademark”. 2. Broadening the definition of products eligible for design protection Previously, only those designs that were incorporated into a physical object were considered protected. However, the reform extends this protection to a broader range of products, such as those displayed in a graphic or digital environment. The importance of the spatial arrangement of elements intended to form an interior or exterior environment is also recognized; and it is accepted that animation, movement or transition of a product's features can contribute to the appearance of the design. 3. The design features of a product do not need to be visible The scope of protection is extended and the design attributes of a product no longer need to be visible at a specific time or situation to qualify for design protection. However, there is one exception: protection of the designs of the components of a complex product will only be valid if those components remain visible during normal use of the product. 4. Repair clause The repair clause is introduced with the aim of harmonising the laws of the Member States regarding the use of protected designs, with the aim of allowing the repair of a complex product and restoring its original appearance. This clause comes into force when the design is applied to or incorporated into a product which constitutes a component of a complex product, on the appearance of which the protected design of the component depends. 5. Protection against unauthorized copies created using 3D printing technologies In light of the advancement of 3D printing technologies, the new regulations establish specific measures to prevent the unauthorized reproduction of protected designs. Thus, it is established that any action related to the creation, download, copy, distribution or provision of any medium or software that registers a design, with the aim of reproducing a product that infringes said protected design, must be subject to the authorization of the owner of the rights. Entry into force and opportunities for the new law on designs and models The new Directive was signed on 23 October by the presidents of the European Parliament and the Council, and will be published in the Official Journal of the European Union. The regulations will enter into force 20 days after their publication and will begin to apply 4 months after that date. Member States will have 36 months to implement the measures necessary to transpose the new Directive into their national legislation. This reform opens up new opportunities for users of the design protection system, who will soon be able to benefit from an updated legal framework, which offers new tools (Regulation and Directive) with which to more effectively protect all their creations. Pedro Saturio, Associate Partner in the Patent Area of ​​Elzaburu

Last June 1 marked the first anniversary of the launch of the Unified Patent Court (TUP). And although it started with quite a few uncertainties regarding its acceptance and operation, it seems that it is overcoming some initial problems and that it is settling down little by little. Its decisions have effect on the 17 member states participating in this agreement, which will soon be 18 with the incorporation of Romania. In this first year the TUP has brought more than 370 cases, including one as relevant as the one that affects the patent of the video referee system for football matches used by UEFA. When the TUP was launched there were some doubts about its level of acceptance. Currently all of its divisions are already operational, although it is true that some have received very few cases or even none so far. One of the reasons that it is not very active is that, although the holders of the lawsuits are aware of the TUP's ability to centrally revoke a patent and enforce it in the event of infringement, they sometimes feel more secure litigating before national courts. Even so, it is foreseeable that the system will gradually establish itself, with quality decisions that will allow it to gain the trust of potential users, and that the technical problems initially detected will be solved. It would also be advisable to reinforce the offer of courses to better understand the court and its procedures. To date, the technology sector with the most cases is related to electronic and electrical technologies, especially in infringement lawsuits. In contrast, companies in the pharmaceutical/chemical/bio sector are not as active as expected of them; The reason could be that they prefer to wait until the system is more established. Another significant aspect is that the local division based in Munich accounts for a third of all cases filed. This may be due to the fact that the German courts have long and proven experience in this type of litigation, together with the fact that German is the language of 45% of the procedures opened so far. The truth is that this concentration of cases in the Munich division represents a certain imbalance in the system, since it was conceived with the idea of ​​being an international and decentralized court. Perhaps the opening in Milan of a section of the Central Division, scheduled for the end of this month, will help spread the game. An important aspect to consider before initiating court action is financial: the reason is that both court fees and the costs of professional representatives and lawyers can be considerable. Although our country is not part of the TUP agreement, there are Spanish companies that are involved in various processes, as defendants and as plaintiffs. In all cases, the TUP decisions are only valid for the participating countries, so they cannot be applied in Spain. For them to be valid in Spain, actions would have to be taken before the Spanish courts. Thus, the Unified Patent Court needs to establish itself so that potential users of the system begin to trust it more. The objective is that in the future it can become a real reference in Europe when it comes to taking legal action to protect the rights of patent holders. Pedro Saturio, European Patent Attorney. Deputy Director of the Patent Area

It contains 13 rulings by the CJEU and the Spanish courts, presented under three headings: Facts, Statements and Commentary. They are analysed by the firm's professionals and deal with trademarks, copyrights, patents, designs, piracy and plant varieties. Madrid, 28 May 2024. - ELZABURU, a firm specialising in the management of intangibles, has published the 12th edition of its European jurisprudence yearbook, which contains 13 relevant cases decided by the Court of Justice and the Spanish courts, commented on by the firm's specialists in each area. This compilation contains commented rulings on trademarks (4), copyrights (3), patents (2), designs (2), piracy (1) and plant varieties (1). Over these 12 years, the Yearbook has published a total of 337 cases from the Court of Justice of the European Union, the EU Trademark Court, the Supreme Court of the Provincial Courts, other European and Spanish courts, and the European Patent Office. This year's compilation has selected relevant cases from the Court of Justice in its interpretation of European regulations in the most varied scenarios; as well as the work of the Spanish courts, which have been joined this year, for the first time, by the civil courts to settle appeals against the resolutions of the OEPM. In this edition, 9 professionals from the firm have published their comments: Enrique Armijo, María Cadarso, Inés de Casas, Juan José Caselles, Mabel Klimt, Carlos Morán, Alessandro Pelliccioni, Pedro Saturio and Ana Sanz. The Editorial Committee of the Yearbook has been formed by Ana Donate, Margarita García, Carlos Morán, Elisa Prieto, José Ignacio San Martín and Bosco de la Vega.

Ruth Sánchez, Director; Francisco Javier Sáez and Pedro Saturio, deputy directors All three are European Patent Agents and authorized representatives before the Unified Patent Court This area has a multidisciplinary team made up of 42 people ELZABURU has reinforced its patent area by appointing a new governing team: Ruth Sánchez is the new director of the Area, a position in which she will have the support of two deputy directors: Francisco Javier Sáez and Pedro Saturio. All three are European Patent Agents and authorized representatives before the Unified Patent Court. The firm is a leader in Spain in patents and validations and advises companies in various sectors, for which it has a multidisciplinary team of 42 people made up of engineers, chemists, biotechnologists and biologists with experience and knowledge in all fields of business activity. Among ELZABURU's clients are some of the most important Spanish companies in the sectors of biotechnology, chemistry, pharmaceuticals, ICT, artificial intelligence, engineering, aerospace, construction and infrastructure, defense, automotive, energy, environment, etc.  ELZABURU provides a comprehensive service in patent processing: drafting applications, processing before the European Patent Office (EPO), the Spanish Patent Office (OEPM), the International Bureau (WIPO) and before many other national patent offices around the world. It also presents oppositions to third parties and defends its clients' patents against oppositions from other companies. Likewise, it provides advice on analysis of patentability, freedom of operation, infringement and expert reports. The firm has the experience of 2.966 European patents processed and currently has 918 patent files pending abroad (EPO, WIPO, foreign national offices). Likewise, ELZABURU is one of the main representatives of Chinese companies that wish to register their community designs in the EU. Ruth Sánchez, Associate Partner of ELZABURU, is an Industrial Engineer, mechanical specialty, MBA from the European Business School, Diploma in Patent Litigation from the University of Strasbourg, European Patent Agent, Authorized Representative before the Unified Patent Court. He has worked in the field of industrial property since 2005 and has worked as a technician in a patent agency, as well as head of the patent department in industrial companies. He has experience in industrial designs and patents and utility models in the aeronautical and aerospace, automotive, electronics, renewable energy, construction and real estate, and civil engineering sectors. Francisco Javier Sáez is a Partner at ELZABURU and a Graduate in CC. Chemistry from the Autonomous University of Madrid. He is an Industrial Property Agent, European Patent Agent and European Trademark Agent and Authorized Representative before the EUIPO. He has a Diploma in Patent Litigation from the University of Strasbourg, Authorized Representative before the Unified Patent Court. Before entering the world of Industrial Property, he worked for 10 years as a researcher and head of R&D projects in multinational companies in the chemical sector. He specializes in the drafting, processing and defense of Spanish and foreign patents. He has experience in industrial designs, R&D, patents and utility models and technology transfer in the energy and environment, pharmacy and agrochemical sectors. Pedro Saturio, Associate Partner of ELZABURU, is an Industrial Engineer from ICAI, Master in Comprehensive Logistics and is an Industrial Property Agent, European Patent Agent and European Trademark Agent and Authorized Representative before the EUIPO. He has a Diploma in Patent Litigation from the University of Strasbourg, Authorized Representative before the Unified Patent Court. He has worked in Engineering Departments of companies in the pharmaceutical and automotive sectors. He has experience in designs and industrial and in patents and utility models in the aeronautical and aerospace, automotive, construction, energy, environment and real estate and civil works sectors. For more information: Margarita García Díaz-Varela MGD@elzaburu.es Tel.: 673 13 01 04 | 690 36 89 98 Javier Herreros jherreros@goodwill.es Tel. : 626 20 73 22

The associate partners of Elzaburu, Pedro Saturio and José Ignacio San Martín talk about brand protection and industrial design in the world of sports Available in: Podcast: https://capitalradio-ondemand.flumotion.com/audio/mp3/ low/20180529_VENTAJALEGAL.mp3 Video: https://www.youtube.com/watch?v=A-YUyWYD3M4 Source: Capital Radio Author(s): Pedro Saturio Carrasco, José Ignacio San Martín Santamaría [Show News]

ELZABURU is pleased to invite you to a working breakfast where, around two round tables, the role of the new utility model and the management of consortium R&D projects will be analyzed. Date: 25.05.2018/09/00 Hours 12:00 a.m. to 21:5 p.m. Location: ELZABURU Auditorium. C/ Miguel Angel, XNUMX, Madrid. Registrations: https://www.elzaburu.com/es/area-de-clientes/inscribete/inscribete-mad-XNUMX Source: Elzaburu. Author(s): Pedro Saturio Carrasco, Antonio Tavira Montes-Jovellar, Francisco Javier Sáez Granero, Alba Maria López López

Guide that sets out the legislation and practice followed in Spain on the registration of designs of a part of a product. Presented by the Spanish Group of the AIPPI Accessible at: http://aippi.org/wp-content/uploads/2018/05/2018_ES_Study_Question_Partial_designs_2018-05-10.pdf Source: AIPPI Study report: Partial designs Author(s): Pedro Saturio Carrasco

Commentary on case C-361/15 P on registration of community designs. Published by Elzaburu English version «Burden of proof and taking of evidence in invalidity proceedings against Community designs. Judgment of the Court of Justice of 21 September 2017, Easy Sanitary Solutions (C-361/15 P and C-405/15 P)» Text accessible at: https://www.elzaburu.com/es/area-de- documentation/anuario-elzaburu Source: ELZABURU Yearbook of European jurisprudence in industrial and intellectual property, 2017, pp. 78-81 Author/s: Pedro Saturio Carrasco

Commentary on Spanish ruling on confrontation between a trademark and an industrial design. Published by Elzaburu English version «Likelihood of confusion between industrial design and earlier marks. Judgment of the High Court of Justice of Catalonia of 17 February 2017, FC Barcelona» Text accessible at: https://www.elzaburu.com/es/area-de-documentacion/anuario-elzaburu Source: ELZABURU Yearbook of European jurisprudence in industrial and intellectual property, 2017, pp. 87-90 Author(s): Pedro Saturio Carrasco

The ELZABURU firm has had the pleasure of collaborating with the Thomson-Reuters Aranzadi publishing house on the work Fashion Law, a pioneering treatise in Spain on fashion law. This chapter offers a panoramic view of design protection in the world of fashion. Published by Aranzadi Source: Fashion Law, pp. 65-77 Author/s: Pedro Saturio Carrasco