What are the substantive conditions governing protection?

The types of design which could be registered must satisfy the following conditions:

  • Novelty, in the sense of being new. S.7 (1) stipulates that only new designs shall enjoy the protection provided for in the Act. This signifies that the design must not be similar to any design which has already been made available to the public. at any place and by any means
  • An industrial design shall not be considered new if because it only contains minor differences from preceding industrial designs. This signifies that the design must have an individual character to the effect that the general impression it generates on an knowledgeable user of the design must be different from the overall impression brought on such user by any design which has already been available to the public

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