Registrable designs and proceedings for registration
F11B Requirement of novelty and individual character.
1
A design shall be protected by a right in a registered design to the extent that the design is new and has individual character.
2
For the purposes of subsection (1) above, a design is new if no identical design or no design whose features differ only in immaterial details has been made available to the public before the relevant date.
3
For the purposes of subsection (1) above, a design has 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 before the relevant date.
4
In determining the extent to which a design has individual character, the degree of freedom of the author in creating the design shall be taken into consideration.
5
For the purposes of this section, a design has been made available to the public before the relevant date if—
a
it has been published (whether following registration or otherwise), exhibited, used in trade or otherwise disclosed before that date; and
b
the disclosure does not fall within subsection (6) below.
6
A disclosure falls within this subsection if—
a
it could not reasonably have become known before the relevant date in the normal course of business to persons carrying on business in the European Economic Area and specialising in the sector concerned;
b
it was made to a person other than the designer, or any successor in title of his, under conditions of confidentiality (whether express or implied);
c
it was made by the designer, or any successor in title of his, during the period of 12 months immediately preceding the relevant date;
d
it was made by a person other than the designer, or any successor in title of his, during the period of 12 months immediately preceding the relevant date in consequence of information provided or other action taken by the designer or any successor in title of his; or
e
it was made during the period of 12 months immediately preceding the relevant date as a consequence of an abuse in relation to the designer or any successor in title of his.
7
In subsections (2), (3), (5) and (6) above “the relevant date” means the date on which the application for the registration of the design was made or is treated by virtue of section 3B(2), (3) or (5) or 14(2) of this Act as having been made.
8
For the purposes of this section, a design applied to or incorporated in a product which constitutes a component part of a complex product shall only be considered to be new and to have individual character—
a
if the component part, once it has been incorporated into the complex product, remains visible during normal use of the complex product; and
b
to the extent that those visible features of the component part are in themselves new and have individual character.
9
In subsection (8) above “normal use” means use by the end user; but does not include any maintenance, servicing or repair work in relation to the product.