Article 90 - Provisional measures, including protective measures

1. Application may be made to the courts of a Member State, including EU design courts, for such provisional measures, including protective measures, in respect of a EU design as may be available under the law of that State in respect of national design rights even if, under this Regulation, a EU design court of another Member State has jurisdiction as to the substance of the matter.

2. In proceedings relating to provisional measures, including protective measures, a plea otherwise than by way of counterclaim relating to the invalidity of a EU design submitted by the defendant shall be admissible. Article 85(2) shall, however, apply mutatis mutandis.

3. A EU design court whose jurisdiction is based on Article 82(1), (2), (3) or (4) of this regulation shall have jurisdiction to grant provisional measures, including protective measures, which, subject to any necessary procedure for recognition and enforcement pursuant to Chapter III of Regulation (EU) No 1215/2012, are applicable in the territory of any Member State. No other court shall have such jurisdiction.