Where in a proceeding before a Community design court
the Community design has been put in issue by way of a
counterclaim for a declaration of invalidity:
(a) if any of the grounds mentioned in Article 25 are found to
prejudice the maintenance of the Community design, the
court shall declare the Community design invalid;
(b) if none of the grounds mentioned in Article 25 is found to
prejudice the maintenance of the Community design, the
court shall reject the counterclaim.
The Community design court with which a counterclaim
for a declaration of invalidity of a registered Community design
has been filed shall inform the Office of the date on which the
counterclaim was filed. The latter shall record this fact in the
register.
The Community design court hearing a counterclaim for
a declaration of invalidity of a registered Community design
may, on application by the right holder of the registered
Community design and after hearing the other parties, stay the
proceedings and request the defendant to submit an application
for a declaration of invalidity to the Office within a time limit
which the court shall determine. If the application is not made
within the time limit, the proceedings shall continue; the coun
terclaim shall be deemed withdrawn. Article 91(3) shall apply.
Where a Community design court has given a judgment
which has become final on a counterclaim for a declaration of
invalidity of a registered Community design, a copy of the
judgment shall be sent to the Office. Any party may request
information about such transmission. The Office shall mention
the judgment in the register in accordance with the provisions
of the implementing regulation.
No counterclaim for a declaration of invalidity of a regis
tered Community design may be made if an application
relating to the same subject matter and cause of action, and
involving the same parties, has already been determined by the
Office in a decision which has become final.