Article 76 — Participation in the proceedings of the alleged infringer

1. In the event of an application for a declaration of invalidity of a registered EU design being filed, and as long as no final decision has been taken by the Office, any third party who proves that proceedings for infringement of the same design have been instituted against them may be joined as a party in the invalidity proceedings upon a request submitted within three months of the date on which the infringement proceedings were instituted. The same shall apply in respect of third parties who prove both that the right holder of the EU design has requested that they cease an alleged infringement of the design and that they have instituted proceedings for a court ruling that they are not infringing the EU design. 2. The request to be joined as a party shall be filed by means of a written reasoned statement. It shall not be deemed to have been filed until the invalidity fee, referred to in Article 73(2), has been paid. Thereafter, the request shall, subject to any exceptions laid down in the implementing regulation, be treated as an application for a declaration of invalidity.