Article 110a - Provisions relating to the enlargement of the Union

1.  As of the date of accession of Bulgaria, the Czech Republic, Estonia, Croatia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia (hereinafter referred to as ‘new Member State(s)’), a EU design protected or applied for pursuant to this Regulation before their respective date of accession shall be extended to the territory of those Member States in order to have equal effect throughout the Union.

2.  The application for a registered EU design may not be refused on the basis of any of the grounds for non-registrability listed in Article 47(1), if these grounds became applicable merely because of the accession of a new Member State.

3.  A EU design as referred to in paragraph 1 may not be declared invalid pursuant to Article 25(1) if the grounds for invalidity became applicable merely because of the accession of a new Member State.

4.  The applicant or the holder of an earlier right in a new Member State may oppose the use of a EU design falling under Article 25(1)(d), (e) or (f) within the territory where the earlier right is protected. For the purpose of this provision, ‘earlier right’ means a right acquired or applied for in good faith before accession.

5.  Paragraphs 1, 3 and 4 above shall also apply to unregistered EU designs.