Article 27 - Dealing with EU designs as national design rights

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1. Unless Articles 28, 29, 30, 31 and 32 provide otherwise, a EU design as an object of property shall be dealt with in its entirety, and for the whole area of the EU, as a national design right of the Member State in which:

(a) the holder has his seat or his domicile on the relevant date; or

(b) where point (a) does not apply, the holder has an establishment on the relevant date.

 

2. In the case of a registered EU design, paragraph 1 shall apply according to the entries in the register.

 

3. In the case of joint holders, if two or more of them fulfil the condition under paragraph 1, the Member State referred to in that paragraph shall be determined:

(a) in the case of an unregistered EU design, by reference to the relevant joint holder designated by them by common agreement;

(b) in the case of a registered EU design, by reference to the first of the relevant joint holders in the order in which they are mentioned in the register.

 

4. Where paragraphs 1, 2 and 3 do not apply, the Member State referred to in paragraph 1 shall be the Member State in which the seat of the Office is situated.