(1) Where a registered design has been registered in the name of a person who is not entitled under section 7, the entitled person can, notwithstanding other claims, demand assignment of the registered design or consent to its cancellation. If consent to cancellation is given, the registered design is, to this extent, deemed not to have had, as from the outset, protective effects. Any one of several entitled persons who is not registered as right holder may demand to be granted joint ownership.
(2) The claims referred to in subsection (1) may be asserted by bringing an action only within an exclusion period of three years beginning from the publication of the registered design. This does not apply where the right holder was acting in bad faith when filing the application or upon the assignment of a registered design.
(3) In the event of a complete change of ownership of the rights in accordance with subsection (1) sentence 1, licences and other rights lapse upon the entering into the Register of the person entitled. If the previous right holder or a licensee has exploited the registered design or has made effective and serious preparations to do so, he or she may continue such exploitation if a request is made for a non-exclusive licence from the new right holder within a period of one month after the latter has been entered in the Register. The licence is to be granted for a reasonable period at reasonable terms. Sentences 2 and 3 do not apply if the right holder or the licensee was acting in bad faith when the exploitation began or preparations to do so were made.
(4) The institution of legal proceedings under the terms of subsection (2), the final decision issued in such proceedings, any other termination of such proceedings and any change in the ownership of rights as a consequence of such proceedings are recorded in the Register of Registered Designs (Register).