(1) A registered design is invalid if
1. the appearance of the product does not constitute a design within the meaning of section 1 no. 1,
2. the design is not new or does not have individual character,
3. the design is excluded from design protection under section 3.
(2) A registered design is declared invalid if
1. it constitutes unauthorised use of a work which is protected by copyright,
2. it falls within the scope of protection of a registered design with an earlier filing or priority date, even if this registered design was not disclosed until after the date of filing of the registered design which is to be declared invalid,
3. a distinctive sign with an earlier filing or priority date is used in it and the holder of the sign is entitled to prohibit the use.
(3) Invalidity is determined or declared by decision of the German Patent and Trade Mark Office or by judgment on the basis of a counterclaim in infringement proceedings.
(4) The registration of a design is deemed not to have had any protective effects as from the outset when the decision by the German Patent and Trade Mark Office determining that the design is invalid has become non-appealable or the judgment declaring the design invalid has become final and binding.
(5) Invalidity may also be determined or declared after the term of protection of the registered design has ended or the registered design has been surrendered.
(6) In the case of invalidity pursuant to subsections (1) and (2), the holder of the registered design may consent to cancellation by making a declaration to the German Patent and Trade Mark Office. The registration of a design which is to be cancelled is deemed not to have had any protective effects as from the outset.