Article 15
Claims relating to the entitlement to a Community design
- If an unregistered Community design is disclosed or
claimed by, or a registered Community design has been applied
for or registered in the name of, a person who is not entitled to
it under Article 14, the person entitled to it under that provi
sion may, without prejudice to any other remedy which may
be open to him, claim to become recognised as the legitimate
holder of the Community design.
- Where a person is jointly entitled to a Community
design, that person may, in accordance with paragraph 1, claim
to become recognised as joint holder.
- Legal proceedings under paragraphs 1 or 2 shall be
barred three years after the date of publication of a registered
Community design or the date of disclosure of an unregistered
Community design. This provision shall not apply if the person
who is not entitled to the Community design was acting in bad
faith at the time when such design was applied for or disclosed
or was assigned to him.
- In the case of a registered Community design, the
following shall be entered in the register:
(a) the mention that legal proceedings under paragraph 1 have
been instituted;
(b) the final decision or any other termination of the proceed
ings;
(c) any change in the ownership of the registered Community
design resulting from the final decision.