TITLE IITHE LAW RELATING TO DESIGNS

Section 5Invalidity

Article 24Declaration of invalidity

F11.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.

A F2supplementary unregistered design may be declared invalid even after F3it has lapsed F4....

3.

An unregistered F5supplementary unregistered design shall be declared invalid by a F6... design court on application to such a court or on the basis of a counterclaim in infringement proceedings.

Article 25Grounds for invalidity

1.

A F7supplementary unregistered design may be declared invalid only in the following cases:

(a)

if the design does not correspond to the definition under Article 3(a);

(b)

if it does not fulfil the requirements of Articles 4 to 9;

(c)

if, by virtue of a court decision, the right holder is not entitled to the F8... design under Article 14;

F9(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)

if a distinctive sign is used in a subsequent design, and F10... the law F11... governing that sign confers on the right holder of the sign the right to prohibit such use;

(f)

if the design constitutes an unauthorised use of a work protected under F12... copyright law F13...;

(g)

if the design constitutes an improper use of any of the items listed in Article 6ter of the ‘Paris Convention’ for the Protection of Industrial Property hereafter referred to as the ‘Paris Convention’, or of badges, emblems and escutcheons other than those covered by the said Article 6ter and which are of particular public interest in F14the United Kingdom, a qualifying country or a qualifying territory.

2.

The ground provided for in paragraph (1)(c) may be invoked solely by the person who is entitled to the F15supplementary unregistered design under Article 14.

3.

The grounds provided for in paragraph (1) F16..., (e) and (f) may be invoked solely by F17... holder of the earlier right.

4.

The ground provided for in paragraph (1)(g) may be invoked solely by the person or entity concerned by the use.

F185.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F196.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 26Consequences of invalidity

1.

A F20supplementary unregistered design shall be deemed not to have had, as from the outset, the effects specified in this Regulation, to the extent that it has been declared invalid.

2.

Subject to F21... claims for compensation for damage caused by negligence or lack of good faith on the part of the holder of the F22supplementary unregistered design, or to unjust enrichment, the retroactive effect of invalidity of the F22supplementary unregistered design shall not affect:

(a)

any decision on infringement which has acquired the authority of a final decision and been enforced prior to the invalidity decision;

(b)

any contract concluded prior to the invalidity decision, in so far as it has been performed before the decision; however, repayment, to an extent justified by the circumstances, of sums paid under the relevant contract may be claimed on grounds of equity.