The term “invalidation” must be understood as encompassing any decision by a competent authority (whether administrative or judicial) of a designated Contracting Party revoking or canceling the effects, in the territory of that Contracting Party, of an international registration with regard to all or some of the designs covered by the designation of that Contracting Party.
Proceedings concerning such invalidation take place directly between the holder of the international registration, the party who has brought the action for invalidation and the competent authority concerned (Office or tribunal). It may be necessary for the holder to appoint a local representative. The proceedings are governed entirely by the law and practice of the Contracting Party concerned. However, the invalidation of an international registration may not be pronounced without the holder having, in good time, been afforded the opportunity to defend his/her rights.
The procedures governing such invalidation should be the same as for designs registered directly with the Office of that Contracting Party. For example, the protection of a design may be revoked in proceedings brought by a third party, or in a counterclaim in infringement proceedings.
Where the effects of an international registration are invalidated (in whole or in part) in a Contracting Party, and the invalidation is no longer subject to any appeal, the Office of that Contracting Party, where it is aware of the invalidation, must notify the International Bureau of the relevant facts, namely:
The International Bureau records the invalidation in the International Register, together with the data contained in the notification. It also publishes the invalidation in the I.D.B.