Effects of a judgement on entitlement to a registered Community design
- Where there is a complete change of ownership of a
registered Community design as a result of legal proceedings
under Article 15(1), licences and other rights shall lapse upon
the entering in the register of the person entitled.
- If, before the institution of the legal proceedings under
Article 15(1) has been registered, the holder of the registered
Community design or a licensee has exploited the design
within the Community or made serious and effective prepara
tions to do so, he may continue such exploitation provided
that he requests within the period prescribed by the imple
menting regulation a non-exclusive licence from the new
holder whose name is entered in the register. The licence shall
be granted for a reasonable period and upon reasonable terms.
- Paragraph 2 shall not apply if the holder of the registered
Community design or the licensee was acting in bad faith at the
time when he began to exploit the design or to make prepara
tions to do so.