Can the appearance of a product influence the purchase decision? Yes. Industrial design not only makes a product more attractive: it can also convey quality, innovation, confidence, and differentiation from other similar products. The recent report from the European Union Intellectual Property Office (EUIPO) confirms this idea with relevant data. 72% of European consumers consider product design important when deciding what to buy, and almost three out of four are willing to pay more for a product with a better design. In Spain, that figure also reaches 73%. But the report allows us to go one step further. If industrial design influences consumer choice, it also becomes an asset especially vulnerable to copying, imitation, and counterfeiting. Therefore, protecting the appearance of a product is not just an aesthetic issue. It is a strategic decision within the management of a company's industrial property. What does industrial design protect? Industrial design protects the configuration or external appearance of a product. That is, its lines, contours, shape, colors, textures, materials, ornamentation, or the combination of these elements. It does not protect an abstract idea or a technical solution in itself. For that purpose, there are other mechanisms, such as patents or utility models. Industrial design protects the specific way in which a product is visually presented in the market. This can be applied to very different products: furniture, containers, bags, jewelry, clothing, electronic devices, industrial parts, lighting, toys, packaging or everyday consumer goods. In markets where many products offer similar functionalities, appearance can be decisive. A recognizable package, a unique shape, or a consistent visual style can help consumers identify, remember, and prefer a product over others. This point is especially relevant in the digital environment. Purchase decisions are increasingly taking place on marketplaces, social media, and e-commerce platforms, where the product's image carries significant weight before the consumer can physically touch, try, or compare it. Industrial design and counterfeiting: a direct relationship. Counterfeiting does not always consist of copying a brand or reproducing a logo. In many cases, what is imitated is the appearance of the product. A counterfeit product can reproduce the shape of a handbag, the setting of a piece of jewelry, the design of a shoe, the silhouette of a lamp, or the overall appearance of a package. Sometimes it will also incorporate a third-party brand. Other times it will try to visually approximate the original product without exactly copying its distinctive mark. That is where the protection of industrial designs acquires an obvious practical utility. The trademark protects the sign that identifies the business origin: a name, a logo, a graphic combination or, in certain cases, a distinctive shape. Industrial design, on the other hand, protects the external appearance of the product. Both figures can be complementary and, in sectors exposed to copying, it is advisable to analyze them in a coordinated manner. For example, in fashion, jewelry, watches, furniture, accessories, electronics or packaging, the consumer often recognizes the product by its appearance before other elements. If that appearance is copied, the damage can go beyond a lost sale. It can affect the company's reputation, create confusion in the market, and weaken the investment made in creativity, development, and communication. Why the best-designed products are more vulnerable. At first glance, the more recognizable an industrial design is, the more value it can generate. But it can also be more attractive to those seeking to take advantage of that value without assuming the costs of creation, manufacturing, quality, or positioning. The EUIPO report notes that sectors where design plays a key role are particularly vulnerable to counterfeiting. In the European Union, estimated annual losses reach 12.000 billion euros in the textile and clothing sector and 2.700 billion euros in handbags and jewelry. In Spain alone, counterfeiting causes losses of more than 1.200 billion euros in these sectors. E-commerce has intensified this risk. A copy of an industrial design can appear on a marketplace, circulate on social media, be promoted through targeted ads, or reach the consumer from international channels in a very short time. This poses an added difficulty for businesses. By the time the infringement is detected, the counterfeit product may already be distributed across different platforms or territories. In that scenario, having a registered design can facilitate action, because it allows for clearer proof of what appearance was protected, since when and in what territorial area. It's not just a problem for big companies. Counterfeiting is often associated with large companies, but SMEs are also especially vulnerable to the copying of industrial designs. Many small and medium-sized enterprises base their differentiation on a few products or a unique appearance that constitutes an essential part of their competitive advantage. When a third party copies those designs and sells them at a lower price, the consequences can be significant. since SMEs usually have fewer resources to monitor and act against infringements. The EUIPO report points precisely to this gap. Although companies that register industrial property rights tend to show better economic indicators, only around 1% of EU SMEs hold registered design rights. The figure shows a clear margin for improvement. Many companies invest in creating attractive products, but they don't always incorporate industrial design protection into their planning. And, in many cases, the problem arises when the product has already been successful and copies begin to appear. How to integrate industrial design into the company's strategy. Protecting industrial design should begin with a simple question: what visual elements make this product recognizable or different? From there, it's necessary to identify which products, packaging, collections, components, or...Read more

Madrid, November 13, 2025 – ELZABURU, a firm specializing in industrial and intellectual property, has achieved excellent results in the Best Lawyers in Spain awards, a professional recognition based on the consensus opinion of leading lawyers regarding the professional capabilities of their colleagues within the same geographic area and legal practice. With 35 lawyers and technical experts referenced and a total of 43 mentions, ELZABURU consolidates its position as the industrial and intellectual property firm with the most recognized professionals in this edition, thus reinforcing its leading position in the Spanish market. Regarding the individuals referenced in this year's edition, these are the ELZABURU professionals who appear in the ranking: Intellectual Property Law: Colm Ahern, Agustín Alguacil, Mónica Amores, Enrique Armijo, Cristina Arroyo, Luis Baz, Luis Beneyto, Catherine Bonzom, Ignacio Diez de Rivera Elzaburu, Alfonso Diez de Rivera Elzaburu, Cristina Espín, Mercedes García, Irene Gascón, Fernando Ilardia, Mabel Klimt, Xavier Lamíquiz, Miguel Ángel Medina, Carlos Morán, Tránsito Ruiz, Francisco J. Sáez, José Ignacio San Martín, Ruth Sánchez, Ana Sanz, Pedro Saturio, Rosa Torrecillas, Cristina Velasco and Manolo Mínguez. Litigation: Enrique Armijo, Alba Mª López, and Carlos Morán; Information Technology: Ruth Benito; Privacy & Data Protection: Ruth Benito; Technology Law: Ruth Benito; Communications Law: Mabel Klimt; Entertainment Law: Mabel Klimt; Competition: Carlos Morán. Regarding the Ones to Watch distinction, which recognizes lawyers in the early stages of their careers who have already demonstrated outstanding excellence in their legal practice, the recipients were: María Cadarso and Alberto Gallo in Litigation; and Inés de Casas, Sara Navarro, Paloma Querol, and, again, Alberto Gallo, in Intellectual Property. Best Lawyers employs a sophisticated, thorough, rational, and transparent survey process designed to obtain meaningful and substantive assessments of the quality of legal services. According to this organization, “the quality of a peer-review survey is directly related to the quality of the voters.”

Madrid, May 26, 2022.- Javier Fernández-Lasquetty, Partner of ELZABURU, participated together with the director of the Valencia office of Elzaburu, Manolo Mínguez and the associate lawyer of this office, Paloma Querol in a conference organized by the Valencia Chamber in which its President, José Vicente Morata, also participated. At this meeting, the legal implications that the metaverse and NFTs may have for companies and consumers were analyzed. One of the conclusions was that Europe can play an important role in the legal aspect of the metaverse environment. “Any data economy made within the European framework and for Europeans must respect the principles of consumer protection, data protection and competition law,” said Fernández-Lasquetty, at the conference held today at Cámara Valencia to analyze the data environment. businesses in Metaverse and NFT. Fernández-Lasquetty recalled the definition of metaverse: persistent and live virtual environments, connected to each other and that simulate a reality and contain experiences. The day highlighted the questions that businesses raise in this environment, from data management problems to ethical dilemmas about the information that new technologies offer about consumers.      

The director of Elzaburu & Olleros, Manuel Mínguez, points out the importance of protecting the brand, especially in international markets. Accessible at: https://economia3.com/2018/11/22/166307-isaval-contara-nueva-planta -algeria/ Source: Economía3 Author/s: Manolo Mínguez [Show News]

ELZABURU&OLLEROS' lawyer, Manuel Mínguez, participates in the round table entitled "Meeting with leading international brands" Date: 21.11.2018/10/00 Time: 11:00 a.m. to 2018:11 a.m. Venue: Valencia Fair Events Center. Avinguda de les Fires, Valencia. More information: http://valencia-business.es/08/XNUMX/XNUMX/mesa-redonda-del-observatorio-de-marcas/ Source: Elzaburu & Olleros – IVACE Author(s): Manolo Mínguez

Manolo Mínguez teaches a course at the Chair of Management and Business Culture at the Polytechnic University of Valencia on the legal aspects of greatest relevance for entrepreneurs. Source: Polytechnic University of Valencia Author(s): Manolo Mínguez

Manolo Mínguez, associate partner at ELZABURU&OLLEROS, participates in the Marketing Club program addressing the topic of brand internationalization. This program is included in the activities of the Observatory of Valencian brands abroad. Available at: http://clubmarketingmediterraneo.com/clubdemarketing/club_marketing_internacionalizacion.mp3 Source: COPE Valencia Author(s): Manolo Mínguez

Manuel Mínguez, from ELZABURU & OLLEROS, has the pleasure of participating in a conference focused on different internationalization experiences of Valencian companies. Date: 11.05.2018/09/00 Hours 16:00 a.m. to 2:XNUMX p.m. Place: Vicente Gandía Wineries. More information: https://www.clubmarketingmediterraneo.com/save-the-date-jornada-en-bodegas-vicente-gandia-XNUMX/ Source: Elzaburu & Olleros. Valencia Author/s: Manolo Mínguez

Commentary on case C-427/15 on trademark infringement proceedings. Published by Elzaburu English version «A request for information from an infringer of an IP right can be made in proceedings other than the main proceedings concerning the infringement. Judgment of the Court of Justice of 18 January 2017, New Wave (C-427/15)» Text accessible at: https://www.elzaburu.com/es/area-de-documentacion/anuario-elzaburu Source: ELZABURU Anuario of European jurisprudence on industrial and intellectual property, 2017, pp. 34-37 Author/s: Manolo Mínguez

More and more companies need to use various software or computer applications in the normal performance of their business. These are essential tools for companies both in internal processes and at the market level. For this same reason, more and more companies are dedicated to developing and/or licensing to other companies what is globally known as "computer programs." This is why Elzaburu & Olleros is pleased to invite you to the conference “Protection of software and computer applications”, where the industrial engineer and associate of Elzaburu, Juan Antonio Romero, and the associate lawyer Patricia Mariscal, will analyze the different options. software protection. Date: 24.04.2018/09/15 Time 10:45 a.m. to 19:XNUMX a.m. Location: Elzaburu&Olleros, C/ Roger de Lauria, XNUMX, Valencia. Registrations in the email comunicacion@elzaburuolleros.es (Marian Manresa) Source: Elzaburu & Olleros. Valencia Author(s): Juan Antonio Romero, Patricia Mariscal Garrido-Falla, Manolo Mínguez