1. A EU design court hearing an action referred to in Article 81, other than an action for a declaration of non-infringement, shall, unless there are special grounds for continuing the hearing, of its own motion after hearing the parties, or at the request of one of the parties and after hearing the other parties, stay the proceedings where the validity of the EU design is already in issue before another EU design court on account of a counterclaim or, in the case of a registered EU design, where an application for a declaration of invalidity has already been filed at the Office.



2. The Office, when hearing an application for a declaration of invalidity of a registered EU design, shall, unless there are special grounds for continuing the hearing, of its own motion after hearing the parties, or at the request of one of the parties and after hearing the other parties, stay the proceedings where the validity of the registered EU design is already in issue on account of a counterclaim before a EU design court. However, if one of the parties to the proceedings before the EU design court so requests, the court may, after hearing the other parties to these proceedings, stay the proceedings. The Office shall in this instance continue the proceedings pending before it.



3. Where the EU design court stays the proceedings it may order provisional measures, including protective measures, for the duration of the stay.