Provisional measures, including protective measures
- Application may be made to the courts of a Member
State, including Community design courts, for such provisional
measures, including protective measures, in respect of a
Community design as may be available under the law of that
State in respect of national design rights even if, under this
Regulation, a Community design court of another Member
State has jurisdiction as to the substance of the matter.
- In proceedings relating to provisional measures, including
protective measures, a plea otherwise than by way of counter
claim relating to the invalidity of a Community design
submitted by the defendant shall be admissible. Article 85(2)
shall, however, applymutatis mutandis.
- A Community design court whose jurisdiction is based
on Article 82(1), (2), (3) or (4) shall have jurisdiction to grant
provisional measures, including protective measures, which,
subject to any necessary procedure for recognition and enforce
ment pursuant to Title III of the Convention on Jurisdiction
and Enforcement, are applicable in the territory of any Member
State. No other court shall have such jurisdiction.