685. Made available to the public.

A design1 has been made available2 to the public before the relevant date3 if:

  1.  

    (1)     it has been published (whether following registration or otherwise), exhibited, used in trade or otherwise disclosed before that date4; and

  2.  

    (2)     the disclosure does not fall within any of the following categories5:

    1.  

      (a)     it could not reasonably have become known before the relevant date in the normal course of business to persons carrying on business in the European Economic Area (or, as from the geographical area comprising the United Kingdom and the European Economic Area) and specialising in the sector concerned6;

    2.  

      (b)     it was

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