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Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs

article  6

CELEX:  02002R0006-20250501

Individual character
1. A design shall be considered to have individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public:
(a) in the case of an unregistered EU design ◄ , before the date on which the design for which protection is claimed has first been made available to the public;
(b) in the case of a registered EU design ◄ , before the date of filing the application for registration or, if a priority is claimed, the date of priority.
2. In assessing individual character, the degree of freedom of the designer in developing the design shall be taken into consideration.