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: 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; 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.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-04 · Text as adopted (Official Journal); later amendments are not incorporated in this text.