Entitlement to institute invalidity proceedings

Any person is entitled to file an application for the determination of invalidity in accordance with section 33 (1). Only the holder of the right concerned is entitled to file an application for the declaration of invalidity in accordance with section 33 (2). The ground of invalidity provided for in section 33 (1) no. 3 in conjunction with section 3 (1) no. 4 may be invoked solely by the person concerned by the use; ex officio assertion by the competent public authority remains unaffected.