Article 5

Novelty

  1. A design shall be considered to be new if no identical design has been made available to the public:
    (a) in the case of an unregistered Community 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 Community design, before the date of filing of the application for registration of the design for which protection is claimed, or, if priority is claimed, the date of priority.
  2. Designs shall be deemed to be identical if their features differ only in immaterial details.