Article 26 — Declaration of invalidity

1. A registered EU design shall be declared invalid on application to the Office in accordance with the procedure laid down in Titles VI and VII or by a EU design court on the basis of a counterclaim in infringement proceedings. 2. An EU design may be declared invalid even after the EU design has lapsed or has been surrendered, if the applicant shows a legitimate interest in obtaining a decision on the merits. 3. An unregistered EU design shall be declared invalid by an EU design court on application to such a court or on the basis of a counterclaim in infringement proceedings.