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Section 3

Exclusion from design protection

(1) The following are excluded from design protection:

1.  features of appearance of products which are solely dictated by their technical function;

2.  features of appearance of products which must necessarily be reproduced in their exact form and their exact dimensions in order to permit the product in which the design is incorporated or to which it is applied to be mechanically connected to or placed in, around or against another product so that either product may perform its function;

3.  designs which are contrary to public policy or the accepted principles of morality;

4.  designs which constitute an improper use of any of the signs listed in Article 6ter of the Paris Convention for the Protection of Industrial Property or of other badges, emblems and escutcheons of public interest.

(2) Features of appearance within the meaning of subsection (1) no. 2 are not excluded from design protection if they serve the purpose of allowing multiple assembly or connection of mutually interchangeable products within a modular system.

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