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

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

Article 90Provisional measures, including protective measures

1.

Application may be made to the courts F1..., including F2... design courts, for such provisional measures, including protective measures, in respect of a F3supplementary unregistered design as may be available F4....

2.

In proceedings relating to provisional measures, including protective measures, a plea otherwise than by way of counterclaim relating to the invalidity of a F5supplementary unregistered design submitted by the defendant shall be admissible. Article 85(2) shall, however, apply mutatis mutandis.

3.

A F6... design court F7... shall have jurisdiction to grant provisional measures, including protective measures F8....