# Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs, Article 85: Presumption of validity — defence as to the merits

Extent: E+W+S+N.I.

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. In proceedings in respect of an infringement action or an action for threatened infringement of a supplementary unregistered ... design, the ... design court shall treat the supplementary unregistered design as valid if the right holder produces proof that the conditions laid down in Article 11 have been met and indicates what constitutes the individual character of his supplementary unregistered design. However, the defendant may contest its validity by way of a plea or with a counterclaim for a declaration of invalidity.

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Source: https://www.legislation.gov.uk/eur/2002/6/article/85 (the official version)
Page: https://openlegislation.uk/eu-regulation-2002-6/article-85
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.