526 No. 22 of 2016] Industrial Design (c) designs which comprise a flag, emblem, armorial bearings, abbreviation, decoration, coat of arms or other official sign and hallmark of Zambia or any other convention country or intergovernmental organisation of which one or more convention countries are State parties, used without consent. Novelty 17. (1) A design shall be considered new if no design, whose features differ only in immaterial details, has been made available to the public within Zambia or elsewhere before the release date. (2) A design shall be considered to be available to the public before the release date if it has been published, exhibited, or used in trade or otherwise disclosed before the release date. Individual character 18. A design shall be considered to have individual character if the overall impression it produces on an informed user differs from the overall impression produced on such a user by any earlier design, which has been made available to the public before the release date of such a design. Proprietorship of designs 19. Subject to the other provisions of this Act or a written agreement, the creator of a design shall be considered as the original proprietor of a design, except where— (a) a design is created in pursuance of a commission for money or money’s worth, the person commissioning the design shall be treated as the original proprietor of the design; (b) a design is created by an employee in the course of employee’s employment, the employer shall be considered as the original proprietor of the design; (c) a design becomes vested in a person other than the original proprietor, either alone or jointly with the original proprietor, such person, alone or jointly with the original proprietor, as the case may be, shall be considered as the proprietor or joint proprietors; or (d) a design is generated by computer in a manner which does not involve a human creator, the person who arranges the computer program for the creation of such design, shall be considered as the original proprietor.