A design is protected only to the extent that it is new and that it has an individual character.

• A design is considered as new if, at the date of application (or of priority), no identical design has been publicly divulged.

However, the design is not considered to have been divulged to the public if disclosed to a third party under explicit or implied conditions of secrecy
Designs are considered as identical when their characteristics differ only in insignificant detail.

• A design is considered as having an individual character if the global impression it produces on the informed user is different from the global impression produced on such a user by designs which have been previously divulged to the public.