Article 21 - Rights of prior use in respect of a registered design right

1.   A right of prior use shall exist for any third party who can establish that, before the date of filing of the application, or, if priority is claimed, before the date of priority, the third party has in good faith commenced use within the Member State concerned, or has made serious and effective preparations to that end, of a design included within the scope of protection of a registered design right, which has not been copied from the latter.

2.   The right of prior use referred to in paragraph 1 shall entitle the third party to exploit the design for the purposes for which its use has been effected, or for which serious and effective preparations had been made, before the filing of the application or priority date of the registered design right.