Participation in the proceedings of the alleged infringer
- In the event of an application for a declaration of inva
lidity of a registered Community design being filed, and as long
as no final decision has been taken by the Office, any third
party who proves that proceedings for infringement of the
same design have been instituted against him may be joined as
a party in the invalidity proceedings on request submitted
within three months of the date on which the infringement
proceedings were instituted.
The same shall apply in respect of any third party who proves
both that the right holder of the Community design has
requested that he cease an alleged infringement of the design
and that he has instituted proceedings for a court ruling that he
is not infringing the Community design.
- The request to be joined as a party shall be filed in a
written reasoned statement. It shall not be deemed to have
been filed until the invalidity fee, referred to in Article 52(2),
has been paid. Thereafter the request shall, subject to any
exceptions laid down in the implementing regulation, be
treated as an application for a declaration of invalidity.