Article 91

Specific rules on relate dactions

  1. A Community design court hearing an action referred to in Article 81, other than an action for a declaration of non infringement, shall, unless there are special grounds for continuing the hearing, of its own motion after hearing the parties, or at the request of one of the parties and after hearing the other parties, stay the proceedings where the validity of the Community design is already in issue before another Community design court on account of a counterclaim or, in the case of a registered Community design, where an applica tion for a declaration of invalidity has already been filed at the Office.
  2. The Office, when hearing an application for a declaration of invalidity of a registered Community design, shall, unless there are special grounds for continuing the hearing, of its own motion after hearing the parties, or at the request of one of the parties and after hearing the other parties, stay the proceedings where the validity of the registered Community design is already in issue on account of a counterclaim before a Community design court. However, if one of the parties to the proceedings before the Community design court so requests, the court may, after hearing the other parties to these proceed ings, stay the proceedings. The Office shall in this instance continue the proceedings pending before it.
  3. Where the Community design court stays the proceedings it may order provisional measures, including protective meas ures, for the duration of the stay.