Article 90

Provisional measures, including protective measures

  1. 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.
  2. 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.
  3. 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.