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Article 17

1. In infringement proceedings it shall be presumed, in the favour of the holder of the registered design right, that the requirements for the legal validity of a registered design right provided for in Articles 3 to 8 are met, and that the design right has not been registered in breach of Article 13(1), point (c). 2. The presumption of validity referred to in paragraph 1 shall be rebuttable by any procedural means available in the jurisdiction of the Member State concerned, including counterclaims.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-16 · Text as adopted (Official Journal); later amendments are not incorporated in this text.