A Community design may be licensed for the whole or
part of the Community. A licence may be exclusive or non
exclusive.
Without prejudice to any legal proceedings based on the
law of contract, the holder may invoke the rights conferred by
the Community design against a licensee who contravenes any
provision in his licensing contract with regard to its duration,
the form in which the design may be used, the range of
products for which the licence is granted and the quality of
products manufactured by the licensee.
Without prejudice to the provisions of the licensing
contract, the licensee may bring proceedings for infringement
of a Community design only if the right holder consents
thereto. However, the holder of an exclusive licence may bring
such proceedings if the right holder in the Community design,
having been given notice to do so, does not himself bring
infringement proceedings within an appropriate period.
A licensee shall, for the purpose of obtaining compensa
tion for damage suffered by him, be entitled to intervene in an
infringement action brought by the right holder in a
Community design.
In the case of a registered Community design, the grant
or transfer of a licence in respect of such right shall, at the
request of one of the parties, be entered in the register and
published.