53That interpretation of Article 25(1)(d) of Regulation No 6/2002 is the only one which can ensure that the rights of the proprietor of a prior design that is referred to in that provision is protected against any infringement of the design resulting from the coexistence of a subsequent Community design that produces the same overall impression on the informed user. If Article 25(1)(d) of Regulation No 6/2002 were not interpreted in that manner, the proprietor of a prior right would be precluded from applying for a declaration of invalidity in respect of a subsequent Community design that produces the same overall impression and be deprived of the actual protection conferred by his design under Article 10 of Regulation No 6/2002 or Article 9 of Directive 98/71.
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