Article 51 - Surrender

1. The surrender of a registered EU design shall be declared to the Office in writing by the right holder. It shall not have effect until it has been entered in the Register.

2. If an EU design which is subject to deferment of publication is surrendered it shall be deemed from the outset not to have had the effects specified in this Regulation. 

3. A surrender shall be registered only with the agreement of the proprietor of a right entered in the Register. If a licence has been registered, a surrender shall be entered in the Register only if the holder of the registered EU design proves that the licensee has been informed about the holder’s intention to surrender. The entry of the surrender shall be made on expiry of the three-month period after the date on which the holder satisfies the Office that the licensee has been informed of the intention to surrender, or before the expiry of that period, as soon as the holder proves that the licensee has given consent. 

4. If proceedings pursuant to Article 15 relating to the entitlement to a registered EU design have been instituted before the competent court or authority, the Office shall not enter the surrender in the Register without the agreement of the claimant. 

5. If the requirements governing surrender set out in this Article and in the implementing acts adopted pursuant to Article 51a are not fulfilled, the Office shall communicate the deficiencies to the right holder declaring the surrender. If the deficiencies are not remedied within the time limit specified by the Office, the Office shall not enter the surrender in the Register.