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Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs article 15 CELEX: 02002R0006-20250501 Claims relating to the entitlement to an EU design
1. If an unregistered EU design is disclosed or claimed by a person who is not entitled to it under Article 14 or if a registered EU design has been applied for or registered in the name of such a person, the person entitled to it under that Article may, without prejudice to any other remedy which may be open to that person, claim before the competent court or authority of the Member State concerned recognition as the legitimate holder of the EU design. 2. Where a person is jointly entitled to an EU design, that person may, in accordance with paragraph 1, claim recognition as joint holder. 3. Proceedings under paragraphs 1 or 2 shall be barred three years after the date of publication of a registered EU design or the date of disclosure of an unregistered EU design. This provision shall not apply if the person who is not entitled to the EU design was acting in bad faith at the time when such design was applied for, disclosed or acquired. |
Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs article 15 CELEX: 02002R0006-20250501 4. The person entitled to an EU design under Article 14 may submit a request, pursuant to paragraph 1 of this Article, for a change of ownership to the Office, together with a final decision of the competent court or authority of the Member State concerned on the entitlement to the EU design. 5. In the case of a registered EU design, the following shall be entered in the Register of EU designs referred to in Article 72 (“the Register”): (a) an indication that proceedings under paragraph 1 have been instituted before the competent court or authority of the Member State concerned; (b) the date and particulars of the final decision of the competent court or authority of the Member State concerned on the entitlement to the EU design or any other termination of the proceedings; (c) any change in the ownership of the registered EU design resulting from the final decision of the competent court or authority of the Member State concerned on the entitlement to the EU design. |