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1. If the design has been registered, the design right shall be declared invalid in any of the following situations:

(a) the design is not a design within the meaning of Article 2, point (3);

(b) the design does not fulfil the requirements provided for in Articles 3 to 8;

(c) the design has been registered in breach of Article 13(1), point (c), or of Article 13(2);

(d) by virtue of a decision of the competent court or authority, the holder of the design right is not entitled to it under the law of the Member State concerned;

(e) the design is in conflict with a prior design which has been made available to the public prior to or after the date of filing of the application or, if priority is claimed, the date of priority of the design, and which is protected from a date prior to the date of filing of the application, or if priority is claimed, the date of priority of the design:

(i) by a registered EU design, or an application for a registered EU design subject to its registration;

(ii) by a registered design right of the Member State concerned, or by an application for such a right subject to its registration;

(iii) by a design right registered under international arrangements which have effect in the Member State concerned, or by an application for such a right subject to its registration;

(f) a distinctive sign is used in a subsequent design, and Union law or the law of the Member State concerned governing that sign confers on the right holder of the sign the right to prohibit such use;

(g) the design constitutes an unauthorised use of a work protected under the copyright law of the Member State concerned.

2. If the design has been registered, Member States may provide that the design right is to be declared invalid, where the design contains a total or partial reproduction of elements belonging to cultural heritage that are of national interest.

3. The grounds for invalidity provided for in paragraph 1, points (a) and (b), may be invoked by the following:

(a) any natural or legal person; or (b) any group or body set up for the purpose of representing the interests of manufacturers, producers, suppliers of services, traders or consumers, if that group or body has the capacity to sue and be sued in its own name under the law governing it.

4. The ground for invalidity provided for in paragraph 1, point (c), may be invoked solely by the person or entity concerned by the improper use.

5. The ground for invalidity provided for in paragraph 1, point (d), may be invoked solely by the person who is entitled to the design right under the law of the Member State concerned.

6. The grounds for invalidity provided for in paragraph 1, points (e), (f) and (g), may be invoked solely by the following:

(a) the applicant for or the holder of the earlier right;

(b) the persons who are entitled under Union law or the law of the Member State concerned to exercise the right; or (c) a licensee authorised by the proprietor of the earlier right.

7. A registered design right shall not be declared invalid where the applicant for or a holder of a right referred to in paragraph 1, points (e), (f) and (g), consented expressly to the registration of the design before submitting the application for a declaration of invalidity or the counterclaim.

8. A design right may be declared invalid even after it has lapsed or has been surrendered.