A design shall be deemed to have been disclosed if it has been made available to the public by publication, use or any other means. There shall be no disclosure where the design could not reasonably have become known, according to the usual business practice in the sector concerned, to professionals acting in the European Community, before the date of filing of the application for registration or before the date of priority claimed.
However, the design shall not be deemed to have been disclosed to the public merely because it has been disclosed to a third party under an express or implied condition of secrecy.
Where it took place within the twelve months preceding the date of filing of the application or the date of priority claimed, the disclosure shall not be taken into account :
a) If the design has been disclosed by the designer or his successor in title, or by a third party on the basis of information provided or acts performed by the designer or his successor in title;
b) Or if the design has been disclosed as a result of abusive conduct against the designer or his successor in title.
The twelve-month period provided for in this Article shall not apply where the disclosure occurred before 1 October 2001.