Article 6

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 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.
  2. In assessing individual character, the degree of freedom of the designer in developing the design shall be taken into consideration.