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Novelty

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By Anonymous writer - Glossary

Novelty is one of the factors taken into account in ascertaining the validity of a design. A design is considered to be ‘new’ when there exists no other identical or partly-identical design that the public is aware of.

The relevant provision in this respect is Article L.511-3 of the Intellectual Property Code which states that ‘a design is regarded as being new if, at the date its registration is requested or the date of priority is made, no other identical design has been disclosed. Designs are considered as identical when the characteristics only differ in some minor ways’.

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