TITLE IXJURISDICTION AND PROCEDURE IN LEGAL ACTIONS RELATING TO SUPPLEMENTARY UNREGISTERED DESIGNS

Section 2Disputes concerning the infringement and validity of supplementary unregistered designs

Article 84Action or counterclaim for a declaration of invalidity of a F1supplementary unregistered design

1.

An action or a counterclaim for a declaration of invalidity of a F2supplementary unregistered design may only be based on the grounds for invalidity mentioned in Article 25.

2.

In the cases referred to in Article 25(2), (3), F3and (4) F4... the action or the counterclaim may be brought solely by the person entitled under those provisions.

3.

If the counterclaim is brought in a legal action to which the right holder of the F5supplementary unregistered design is not already a party, he shall be informed thereof and may be joined as a party to the action in accordance with the F6laws applying to the design courts.

4.

The validity of a F7supplementary unregistered design may not be put in issue in an action for a declaration of non-infringement.