Action or counterclaim for a declaration of invalidity of a Community design
- An action or a counterclaim for a declaration of invalidity
of a Community design may only be based on the grounds for
invalidity mentioned in Article 25.
- In the cases referred to in Article 25(2), (3), (4) and (5)
the action or the counterclaim may be brought solely by the
person entitled under those provisions.
- If the counterclaim is brought in a legal action to which
the right holder of the Community design is not already a
party, he shall be informed thereof and may be joined as a
party to the action in accordance with the conditions set out in
the law of the Member State where the court is situated.
- The validity of a Community design may not be put in
issue in an action for a declaration of non-infringement.