The losing party in proceedings for a declaration of inva
lidity of a registered Community design or appeal proceedings
shall bear the fees incurred by the other party as well as all
costs incurred by him essential to the proceedings, including
travel and subsistence and the remuneration of an agent,
adviser or advocate, within the limits of scales set for each
category of costs under the conditions laid down in the imple
However, where each party succeeds on some and fails
on other heads, or if reasons of equity so dictate, the Invalidity
Division or Board of Appeal shall decide a different apportion
ment of costs.
A party who terminates the proceedings by surrendering
the registered Community design or by not renewing its regis
tration or by withdrawing the application for a declaration of
invalidity or the appeal, shall bear the fees and the costs
incurred by the other party as stipulated in paragraphs 1 and 2.
Where a case does not proceed to judgment, the costs
shall be at the discretion of the Invalidity Division or Board of
Where the parties conclude before the Invalidity Division
or Board of Appeal a settlement of costs differing from that
provided for in paragraphs 1, 2, 3 and 4, the body concerned
shall take note of that agreement.
On request, the registry of the Invalidity Division or
Board of Appeal shall fix the amount of the costs to be paid
pursuant to the preceding paragraphs. The amount so deter
mined may be reviewed by a decision of the Invalidity Division
or Board of Appeal on a request filed within the period
prescribed by the implementing regulation.