An industrial design shall be excluded from protection where its aspect is determined entirely by a technical function and does not embody any arbitrary contribution by the designer. A design shall likewise not qualify for protection where it consists of a shape the exact reproduction of which is necessary to allow the product embodying the design to be mechanically assembled or connected to another product of which it constitutes an integral part or component.
The right to the protection and registration of an industrial design belongs to the designer. Where the design has been created under a contract to make a work, a service contract or an employment contract, the right shall belong to the person who contracted for the work or service or to the employer, as the case may be, unless otherwise provided in the contract.