(1) The design courts have jurisdiction for counterclaims for the determination or declaration of invalidity of a registered design insofar as these are filed in connection with actions in respect of infringement of the same registered design. Section 34 applies accordingly.
(2) The counterclaim is inadmissible if a non-appealable decision has been taken in invalidity proceedings (section 34a) on the same matter in dispute between the same parties.
(3) Upon motion of the holder of the registered design, the court may, after hearing the other parties, suspend the proceedings and invite the person filing the counterclaim to submit an application for the determination or declaration of invalidity of this registered design to the German Patent and Trade Mark Office within a time limit to be determined by the court. If the application is not made within the time limit, the proceedings continue; the counterclaim is deemed withdrawn. The court may issue injunctions for the duration of the suspension of the proceedings and may take protective measures.
(4) The court informs the German Patent and Trade Mark Office of the date on which the counterclaim was filed. The German Patent and Trade Mark Office records the date of filing in the Register. The court transmits a copy of the final judgment to the German Patent and Trade Mark Office. The German Patent and Trade Mark Office records the outcome of the proceedings, including the date on which the decision was taken, in the Register.