(1) A design is protected as a registered design if it is new and has individual character.
(2) A design is deemed to be new if no identical design was disclosed prior to the date of filing of the application. Designs are deemed to be identical if their features differ only in immaterial details.
(3) 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 disclosed prior to the date of filing of the application. In assessing individual character, the degree of freedom of the designer in developing the design is taken into consideration.