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Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs

article  16

CELEX:  02002R0006-20250501

Effects of a final decision on entitlement to a registered EU design
1. Where there is a complete change of ownership of a registered EU design as a result of proceedings under Article 15(1), licences and other rights shall lapse upon the entry in the Register of the new holder of the registered EU design.
2. If, before the institution of proceedings under Article 15(1) has been registered, the holder or a licensee of the registered EU design has exploited the design within the Union or made serious and effective preparations to do so, that holder or licensee may continue such exploitation provided that they request, within a period of three months of the date of the entry in the Register of the new holder, a non-exclusive licence from the new holder whose name is entered in the Register. The licence shall be granted for a reasonable period and upon reasonable terms.
3. Paragraph 2 shall not apply if the holder of the registered EU design or the licensee was acting in bad faith at the time when that holder or licensee began to exploit the design or to make preparations to do so.