Condiţia existenţei caracterului individual al desenului sau modelului
Condition for the existence of the individual character of a design

Summary/Abstract: A design is deemed to have an individual character if the overall impression it produces on an informed user differs from the overall impression produced on such a user by any design which has been made available to the public before the date of filing the application, or if the priority was claimed before the priority date. According to the special law on the matter, when assessing the individual character, the designer’s degree of freedom in developing the design shall be taken into consideration. According to the fourteenth recital of Regulation No 6/2002 on Community designs, the assessment as to whether a design has individual character should be based on whether the overall impression produced on an informed user viewing the design clearly differs from that produced on him by the existing design corpus, taking into consideration the nature of the product to which the design is applied or in which it is incorporated, and especially the industrial sector to which it belongs and the designer’s degree of freedom in developing the design.

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