TITLE IXJURISDICTION AND PROCEDURE IN LEGAL ACTIONS RELATING TO SUPPLEMENTARY UNREGISTERED DESIGNS
Section 2Disputes concerning the infringement and validity of supplementary unregistered designs
Article 85Presumption of validity — defence as to the merits
F11.
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2.
In proceedings in respect of an infringement action or an action for threatened infringement of F2a supplementary unregistered F3... design, the F3... design court shall treat the F4supplementary unregistered design as valid if the right holder produces proof that the conditions laid down in Article 11 have been met and indicates what constitutes the individual character of his F4supplementary unregistered design. However, the defendant may contest its validity by way of a plea or with a counterclaim for a declaration of invalidity.