Article 109 — Inspection of files

1. The files relating to applications for registered EU designs which have not yet been published or the files relating to registered EU designs which are subject to deferment of publication in accordance with Article 62 or which, being subject to such deferment, have been surrendered before or on the expiry of that period, shall not be made available for inspection without the consent of the applicant for or the right holder of the registered EU design. 2. Any person who can establish a legitimate interest may inspect a file without the consent of the applicant for or holder of the registered EU design prior to the publication or after the surrender of the latter in the case provided for in paragraph 1. This shall in particular apply if the interested person proves that the applicant for or holder of the registered EU design has taken steps with a view to invoking against the interested person the right under the registered EU design. 3. Subsequent to the publication of the registered EU design, the file may be inspected upon request. 4. Where the files are inspected pursuant to paragraph 2 or 3, the following parts of the file shall be excluded from inspection: (a) documents relating to an exclusion or objection pursuant to Article 169 of Regulation (EU) 2017/1001; (b) draft decisions and opinions, and all other internal documents used for the preparation of decisions and opinions; (c) parts of the file which the party concerned showed a special interest in keeping confidential before the request for inspection of the files was made, unless the inspection of such parts of the file is justified by overriding legitimate interests of the party seeking the inspection. 5. Where the registration is subject to a deferment of publication pursuant to Article 62(1), access to the Register for persons other than the holder of the registered EU design shall be limited to the name of the holder, the name of any representative, the date of filing and registration, the file number of the application and the indication that publication is deferred. In such cases, the certified or uncertified extracts from the Register shall contain only the name of the holder, the name of any representative, the date of filing and registration, the file number of the application and the indication that publication is deferred, except where the request for extracts has been made by the holder or by the holder’s representative.