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

article  24

CELEX:  02002R0006-20250501

Declaration of invalidity
1. A registered EU design ◄ shall be declared invalid on application to the Office in accordance with the procedure in Titles VI and VII or by a EU design court ◄ on the basis of a counterclaim in infringement proceedings.
2. An EU design may be declared invalid even after the EU design has lapsed or has been surrendered, if the applicant shows a legitimate interest in obtaining a decision on the merits.
3. An unregistered EU design ◄ shall be declared invalid by a EU design court ◄ on application to such a court or on the basis of a counterclaim in infringement proceedings.