Suspension

If, during invalidity proceedings, an action is or becomes pending whose decision is dependent on the legal validity of the registered design, the court may order the suspension of the action. Suspension is to be ordered if the court regards the registered design to be invalid. If the decision to reject the application for determination or declaration of invalidity has become non-appealable, the court is bound by this decision only if it has been issued between the same parties. Section 52b (3) sentence 3 applies accordingly.