Article 52

Application for a declaration of invalidity

  1. Subject to Article 25(2), (3), (4) and (5), any natural or legal person, as well as a public authority empowered to do so, may submit to the Office an application for a declaration of invalidity of a registered Community design.
  2. The application shall be filed in a written reasoned state ment. It shall not be deemed to have been filed until the fee for an application for a declaration of invalidity has been paid.
  3. An application for a declaration of invalidity shall not be admissible if an application relating to the same subject matter and cause of action, and involving the same parties, has been adjudicated on by a Community design court and has acquired the authority of a final decision.