The files relating to applications for registered
Community designs which have not yet been published or the
files relating to registered Community designs which are
subject to deferment of publication in accordance with Article
50 or which, being subject to such deferment, have been
surrendered before or on the expiry of that period, shall not be
made available for inspection without the consent of the appli
cant for or the right holder in the registered Community
design.
Any person who can establish a legitimate interest may
inspect a file without the consent of the applicant for or holder
of the registered Community design prior to the publication or
after the surrender of the latter in the case provided for in
paragraph 1.
This shall in particular apply if the interested person proves
that the applicant for or the holder of the registered
Community design has taken steps with a view to invoking
against him the right under the registered Community design.
Subsequent to the publication of the registered
Community design, the file may be inspected on request.
However, where a file is inspected pursuant to paragraph
2 or 3, certain documents in the file may be withheld from
inspection in accordance with the provisions of the imple
menting regulation.