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Industrial Designs Act, 2001

Individual character.

13.—(1) A design shall be deemed 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 a design which has been made available to the public before the filing date of the application for registration or, where priority is claimed, the date of priority.

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