Article 31 - Procedure for declaration of invalidity

1.   Without prejudice to the right of the parties to appeal to the courts, Member States may provide for an efficient and expeditious administrative procedure before their offices for the declaration of invalidity of a registered design right.

2.   The administrative procedure for invalidity referred to in paragraph 1 shall provide that the design right is to be declared invalid at least on the following grounds:

(a) the design should not have been registered because it does not comply with the definition laid down in Article 2, point (3), or with the requirements provided for in Articles 3 to 8;

(b) the design should not have been registered because it is in breach of Article 13(1)(c);

(c) the design should not have been registered because of the existence of a prior design within the meaning of Article 14(1), point (e).

3.   The administrative procedure referred to in paragraph 1 shall provide that the following persons are to be entitled to file an application for a declaration of invalidity:

(a) in the case of paragraph 2, point (a), of this Article, the persons, groups or bodies referred to in Article 14(3);

(b) in the case of paragraph 2, point (b), of this Article, the person or entity referred to in Article 14(4);

(c) in the case of paragraph 2, point (c), of this Article, at least the persons referred to in Article 14(6), points (a) and (b).