Both _ARE_ criteria of the requirements set in "COUNCIL REGULATION (EC) No 6/2002 of 12 December 2001 on Community designs" [1]. IP; patent; potatoes; patatoes. I could have just as easily have said the Product has neither "individual character[istic]" nor is "novel."

If it was thought this injunction was just and applied correctly, I don't think we'd be arguing.

[1] http://oami.europa.eu/ows/rw/resource/documents/RCD/regulati...