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 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 the application for registration or, if a priority
is claimed, the date of priority.
In assessing individual character, the degree of freedom of
the designer in developing the design shall be taken into
consideration.