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Section 38

Rights conferred by registered design and scope of protection

(1) The registration of a design confers on its holder the exclusive right to use it and to prevent any third party not having consent from using it. Such use covers, in particular, the making, offering, putting on the market, importing, exporting, using of a product in which the registered design is incorporated or to which it is applied, or stocking such a product for those purposes.

(2) The protection conferred by a registered design includes any design which does not produce on the informed user a different overall impression. In assessing the scope of protection, the degree of freedom of the designer in developing the design is taken into consideration.

(3) During the period of deferment of publication (section 21 (1) sentence 1) the protection referred to in subsections (1) and (2) presupposes that the design results from copying the registered design.

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