Chapter 1 General provisions

Chapter 2 Usage modeling applications and their treatment etc.

Chapter 3 International Use Model Application

Chapter 4 Conversion of a European patent application

Chapter 5 Scope and duration of the registration

Chapter 6 Payment of renewal fees

Chapter 7 License, transfer, etc.

Chapter 8 Termination of the registration, administrative testing, etc.

Chapter 9 Duty to provide information about the utility model

Chapter 10 Penalty and replacement responsibilities, etc.

Chapter 11 Various provisions

Chapter 12 Entry into force and transitional provisions

Publication of the Law on Use Models 1)

This will be known as the right to use for use, cf. law no. 1431 of 21. In December 2005, with the changes resulting from section 34 of the Act of Law No 2 : 538 of eight. June 2006 and section 4 of the Law No 1404 of 27. December 2008. 2)

Chapter 1

General provisions

§ 1. Any type of manufacturing which may be used in an industrial field and which involves a solution to a technical problem may, in accordance with this law, be registered as a model for use.

Paragraph 2. The person who has produced a utility model or the one to whom the person ' s right has been exceeded shall obtain the sole right to use it in commercial terms.

§ 2. Messengers cannot be registered as usage models if they relate to what is alone :

Paragraph 2. Messengers cannot be registered as usage models if they relate to :

Paragraph 3. Notwithstanding paragraph 1 2, no. 2, it is possible to register a use model of products for use in these procedures, including substances and metabolism for use in procedures for surgical or therapeutic treatment or for diagnosis used on humans ; animals, or products produced by a microbiological procedure or other technical procedures.

Paragraph 4. Usage model shall not be granted for plant varieties or cultivated acs. However, where the carrying out of the product is not technically limited to a particular plant variety or animal species, the use model may, however, be recorded, even if the subject of production is plants or animals. With plant variety, this Act shall mean a plant variety defined in Article 5 of the Council Regulation on the Community plant variety right.

Paragraph 5. Feds may be registered, even if they are related to a product consisting of or containing biological material. Biological material isolated from its natural environment or produced by means of a technical approach may be the subject of a production, even if it already exists in nature. Biological material is understood in this law material which contains genetic information and which can reproduce itself or may be reproduced in a biological system.

§ 3. The human body at all stages of its emergence and development and the mere discovery of a part of it, including a sequence or partial sequence of a gene, cannot constitute a registrations of the data.

Paragraph 2. Notwithstanding paragraph 1 1 may form part of the human body that is isolated from here or otherwise produced by a technical approach, including a sequence or partial sequence of a gene, shall constitute a regierable production, even if such part in its construction is : Identical to the construction of a natural prospective part.

§ 4. Messengers whose commercial exploitation would conflict with sepsities or public order, non-use model shall not be subject to use.

Paragraph 2. An exploitation must not be regarded as being disputed to the sability or public order solely for the reasons that exploitation is prohibited by law or administrative transcript.

Paragraph 3. Purline of paragraph 1. One may, inter alia, not register the use model protection for the use of human embryos for industrial or commercial purposes.

§ 5. In order to be able to register a position must be new in relation to what was known before the date of entry into the application, and it must clearly be different from that.

Paragraph 2. As known, all that has become available in the form of writing, lectures, exhibition, supply, exploitation, by decoding or otherwise. Similarly, the content of a patent application or a production model application lodged with validity for Denmark before the day of use of the application model application is deemed to be recognized if this application becomes generally available in accordance with ; the rules in the section 22 of the patent Act and this legal section 24. The requirement of paragraph 1. However, the fact that such applications must be clearly separated from the known shall not apply to the content of such applications.

Paragraph 3. However, the use of model registration may be obtained for a production, irrespective of the fact that it is available in the last six months prior to the delivery of the application, where this is a result of :

§ 6. The use of the use of model registration obtained exclusive means that the use of the model holder does not allow the use of the model holder to make use of the production by producing, offering, putting into circulation or using the product subject to the production of the production model. use of model protection, or import or possess the product for such a purpose.

Paragraph 2. The exclusive means also means that the use of the model holder must not, without the authorization of the use of the model holder, may make use of the delivery by providing or offering anyone who is not entitled to make use of the delivery, the means to carry out the delivery of the products ; in this country, where these resources relate to a significant element in the production and supplier or the tenderer may know, or, where appropriate, that they are appropriate and intended for such use. However, if the instrument is subject to trade in general, only if the person providing or offered to provide the means, it shall encourage the consignee to commit acts as referred to in paragraph 1. Paragraph 1, applying the provisions of 1. and 2. Act. the persons performing acts as referred to in paragraph 1. 3, no. 1, 3 or 4, not eligible for the right to take advantage of the application.

Paragraph 3. The exclusive right does not include

§ 7. The protection associated with the use of a bio-specimens of a biological material which, by virtue of its application, shall cover any biological material derived from this biological material by reproduction, or propagate in identical or differentiated form and have the same characteristics.

Paragraph 2. The protection associated with the use of a production model recording of a product containing or consisting of genetic information includes any material in which the product is part and in which the genetic information is contained and carries out its function ; cf. however, section 3.

Paragraph 3. The protection provided for in paragraph 1 1 and 2 do not include biological material produced by reproduction or propagation of a biological material placed on the market in the territory of a Member State of the European Union of the model holder, or by his consent, if this reproduction or production ; propagation has been carried out as a necessary part of the application to which biological material is placed on the market, provided that the material produced does not subsequently be used for further reproduction or propagation.

§ 8. Notwithstanding paragraph 7, paragraph 7. 1 and 2 shall entail the marketing or other marketing of propagation material from plants which are carried out by the model holder or with his consent, to a farmer for agricultural purposes that the farmer is authorized to use its own use ; its crop yields to reproduction or propagation on its own holdings, however, in the scope and conditions of this Article 14 of the Council Regulation on the Community plant variety right.

Paragraph 2. Notwithstanding paragraph 7, paragraph 7. 1 and 2, the sale or other form of the placing on the market of breeding animals or other animal reproductive material is carried out by the use model holder or with his consent, to a farmer that the farmer has the authorization to use the animal ; other animal reproductive material for its own agricultural purposes, but not to sell it for commercial purposes or for the purpose of reproduction. The Economic and Economic Affairs Minister shall lay down rules on the scope and conditions of the farmer ' s use of such use model records for its own agricultural purposes.

§ 9. The use of the use of the model application in this country must, irrespective of a registered use model, continue the use of maintaining the general nature of the application, provided that the use was not made of the use of the model of the use of the model of the use of the model. apparently misuse of the applicant or anyone from whom the latter is quite hadromat. In addition, the right to exploitation comes under the same conditions as well, the one that had taken important measures for the use of the production of this country in the country.

Paragraph 2. The right of paragraph 1. 1 can only go to others with the company in which it has occurred or where the use was intentional.

§ 10. Regardless of the registration of a production model of a production, other than the use of the model holder must be used by the use of a foreign vehicle, vessel or aircraft during the temporary or accidental transport of the transport concerned ; presence in this country.

Paragraph 2. The Committee on Economic and Industry may provide that spare parts and accessories for aircraft, regardless of a registered use model, may be imported and used here for the repair of aircraft belonging to a foreign state that admits equivalent rights ; for Danish aircraft.

§ 11. Application for the use model registration of a production indicated in a previous application for a patent or use of model registration here in the country or the application for a certificate of inventor, patent or use model protection in a different country which is connected to the Paris Convention of 20. In fact, in March 1883 on the protection of industrial property, section 5 (5) shall be provided for. The application shall be deemed to have been submitted at the same time as the previous application has been lodged within 12 months of the submission of the previous application in accordance with the request of the previous application. The same right of priority applies, even if the application for protection does not come from a country connected to the Convention when the equivalent priority of a Danish patent application or the use of an application model application by means of bilateral or multilateral applications ; Agreement shall be granted in the country in which the previous application was submitted, and this shall be done under conditions and with effects which, in the main, are consistent with the Convention.

Paragraph 2. The Economic and Economic Affairs Minister sets out the procedures for the right to make such a priority.

§ 12. If the applicant has previously submitted a patent application in force for Denmark, the applicant may use the patent application in whole or in part as a basis for a production model application for the same production. The applicant may request that the day of entry into force for the patent application shall apply to the application model application. Where the priority is requested in the patent application, cf. the section 6 of the patent law shall also apply to the application model application.

Paragraph 2. The Economic and Economic Affairs Minister shall lay down rules for application pursuant to paragraph 1. 1.

Chapter 2

Usage modeling applications and their treatment etc.

§ 13. The patent authority here in the country is Patent and Commodity Management, led by a director, and the Board of Appeal for Patents and Trademarks. The Patent Office shall be deemed to be the patent authority in this country, unless otherwise stated.

§ 14. The application for registration of a utility model will be submitted to Patent and Commodities and Registry, which is the registration authority. The application shall contain an indication of the protection of the wishes. For the application, a fee shall be paid.

Paragraph 2. In the application, the application shall be so clearly described or shown that a professional person on the basis of this may be able to exercise it.

Paragraph 3. If an application is made of a product obtained by a microbiological procedure, the application shall be deemed to have been sufficiently clearly specified if the conditions set out in section 15 (s). 1 and 2 are also fulfilled.

§ 15. In the case of the carrying out of the application, biological material shall be used which is not generally available or may be described in the case of the application of the application that a professional person on the basis of these may be used to carry out the application shall be tested by the biological nature of the test ; material shall be deposited at the latest by the date of submission of the application. The test must then be deposited in such a way that a sample may be extradited in Denmark.

Paragraph 2. If a landfill is subject to a viable sample or a sample of other reasons may not be extradited, it shall be replaced by a new sample of the same biological material within the time limit, and, furthermore, in accordance with the rules laid down by : Economic and Economic Affairs Minister. The new escrow was deemed to have been made from the day when the previous disposal was carried out.

Paragraph 3. The Economic and Economic Affairs Minister shall lay down rules for the deposit and delivery of the provisions of paragraph 1. One and two.

§ 16. In the same application, the use of two or more independent applications shall not be sought for use of the use of two or more of each other.

§ 17. The use of the use of the use of the use of a production model, which is apparent in one of the applicant previously submitted, which is not definitively determined by the patent authority, shall be deemed to have been submitted at the request of the applicant to be deemed to have been submitted ; the time when the acter, the submission of which is shown, arrived in the patent authority. The Economic and Economic Affairs Minister lays down rules for this.

§ 18. An application for the use of the model of use shall not be altered in such a way as to seek to use the application model registration for something that did not appear on the application, since it was submitted.

§ 19. The Patent Authority shall ensure that the application meets the conditions laid down in sections § 1, 2, 3, 4, 16 and 18.

Paragraph 2. The applicant may, upon payment of a fee, request that the Patent and Commodities Management Board shall also ensure that the conditions for the application should be new and separate clearly from the already known, cf. Section 5 has been fulfilled.

20. Where the patent authority finds that the application is not lawful, the applicant shall be informed thereof and shall be invited before a specified period of time to give its opinion or rectifying the application.

Paragraph 2. The application shall be applied if the applicant fails to express its opinion or to take measures to rectify the application before the expiry of the period. Notify of the applicant for paragraph 1. 1 shall contain information on this subject.

Paragraph 3. The application shall be retaken if the applicant within two months of the date of expiry of the time limit shall be delivered or shall take the necessary steps to rectify the application and pay for the fixed repayment fee.

Paragraph 4. The provisions of paragraph 1. 1-3 shall apply mutatis muth to the applicant in accordance with section 19 (3). The Commission has also requested that the Patent and Commodities Management Board shall also ensure that the conditions for the application are new and that are clearly different from the already known are met.

§ 21. Where the application has been found in accordance with the requirements, the application shall be recorded. Notice of the usage model registration shall be published by Patent and Commodities.

Paragraph 2. Where the patent authority finds an obstacle to meeting the application and has had the opportunity to express its opinion on the Hindrs, the application shall be refused, unless the patent authority considers that it is new to encourage the applicant to make a statement ; or rectifying the application for section 20.

§ 22. If any claim is made to the patent authority that the person concerned and not the applicant is entitled to the application, the Office may, where it considers the question doubtful, may invite the person concerned to take legal proceedings before a legal period is specified ; on this. The appeal is not to be left out of consideration by a decision of the application model application. Notify on this must be provided in the call.

Paragraph 2. Where there is a case concerning the right to a forwarder, for which use of model registration is sought, the processing of the utility model application may be lodged in the bero until the trial is definitively determined.

-23. If someone approbs the patent authority that the person concerned and not the applicant is entitled to the application, the patent authority shall transfer the application to the person concerned if this is requested. The application of the usage model application shall be subject to payment of new application fees.

Paragraph 2. If an application for a production model application has been requested, the application shall not be executed, refuse or accommodated until a final position is taken for the request.

§ 24. The application shall be recorded at no earlier than 15 months from the day of the application, or, if priority is requested, from the priority day, cf. § 11.

Paragraph 2. At the request of the model applicant, the publication or registration of the application or registration may be published earlier.

Paragraph 3. When the period of 15 months has been taken from the day of the application or, where priority is requested from the priority day, the files, even if the submission is not registered, must be kept available to everyone. If a decision has been taken or refused, the files may not be kept available unless the applicant requests resumption, claims the claims refused or pursuant to section 66 or 67 coveting the restoration of rights.

Paragraph 4. When the files are made available in accordance with paragraph 1. 2 or 3 shall be made out of the notice.

Paragraph 5. Contains a document of business secrets which does not relate to a search for which or a registered use model may, where special reasons are available, claim that the document or part of the document does not, in whole or in part, be determined ; be available. If such a request is filed, the document may not be made available until a decision has been taken or during the period in which the decision may be claimed. Complar has an upselling effect.

Paragraph 6. Is a sample of biological material deposited in accordance with section 15 (s). 1 has every right to have a sample of the material when the acts are made available in accordance with paragraph 1. 3. Following the usage model registration, the extradition may be made to any applicant, whether or not the usage model registration has been discharged or known to be invalid. However, this does not mean that a test must be handed out to anyone who, according to the law, stipulated in or under law, must not handle the deposit of the deposit. A sample shall not be made available to anyone if, because of the dangerous properties of the material, it is presumable that the person is in possession of the sample.

Paragraph 7. Notwithstanding paragraph 1 The applicant may request that the supply of a sample in the period until the use of the use is registered can only be carried out to a special expert. Where an application has been refused or withdrawn or is deemed to be withdrawn, the applicant may request that a sample of the deposited material for 10 years from the time of use of the application model application shall be provided only to a specific expert.

Paragraph 8. The Economic and Economic Affairs Minister shall lay down provisions for the submission of requests for extradition, on the time limit for the submission of these applications and on who may be used as a qualified expert.

Niner. 9. The request for extradition shall be made to the patent authority and contain a declaration to observe the limitations on the use of the sample, as set out in the rules laid down by the Minister for Economic Affairs and Industry. If the sample is to be delivered to a special expert, the declaration must instead be given by it.

§ 25. Complaints of the final decision of the Patent and Commodic Management Decision of an application model application may be submitted by the applicant to the Patents and Trademarks. The same applies to the manufacturer of the utility model when a model registration is lifted in whole or in part, at the request of the registration of the registration in accordance with section 50. Maintain the usage model registration in a modified or unchanged form, despite the request, that the decision may be impounded by the request made by the request. If the latter were to complain, the complaint may, nevertheless, be tried once a specific reason is available.

Paragraph 2. Clause in accordance with paragraph 1 1 shall be submitted to the Board of Appeals for Patents and Trademarks no later than two months after the notification of the Patent and Commodities Board of the Administrative Board. Before the same period, the fee has to be paid. If this is not done, the complaint must be rejected.

Paragraph 3. Others who have an interest in that decision may, within two months of the date of the publication of the decision, submit a similar complaint.

Paragraph 4. Decisions taken by the Board of Appeals for Patents and Trademarks may not be brought to the second administrative authority.

Paragraph 5. Decisions taken by the Patent and Commodities Board, which may be brought to the Board of Appeals for Patents and Trademarks, cannot be brought before the courts before the declaration of the appeal is before the court of the court. If a decision has been taken by the Board of Appeal for Patents and Trademarks, a decision shall be taken at the latest two months from the date on which the decision has been made.

Paragraph 6. Decisions by which the request for secrecy of trade secrets pursuant to section 24 (2) is requested. Five shall be refused by the one who submitted the motion.

Chapter 3

International Use Model Application

SECTION 26. The International Use Model application shall mean an application in accordance with the 19th of the Washington State. June 1970 concluded the patent cooperation treaty.

Paragraph 2. The International Use Model application shall be submitted to a patent or international organisation, which, in accordance with the Treaty and its implementing rules, is entitled to receive such application (receiving authority). The patent authority in this country may be subject to an international application model application in accordance with rules laid down by the Minister for Economic and Business Affairs. The applicant shall pay the fee for the application, for the application, for the patent authority.

Paragraph 3. section 27 to 35 shall apply to international applications for use, which includes Denmark.

§ 27. An international production model application for which the recipient authority has laid down international date of entry, has the same effect as a production model application that has been submitted in this country on that day. The provision in section 5 (5). TWO, TWO. however, shall apply only where the application is continued pursuant to section 29.

§ 28. An international production model application shall be deemed to have been taken as far as Denmark is concerned, in the cases referred to in Article 24 (2) of the Patent Cooperation Treaty. 1, (i) and (ii).

§ 29. If the applicant wishes to proceed with an international application model application for Denmark, this must within 33 months of the International Customer Carry Day or, the priority of the priority, shall pay the required fee to the Patent Office ; and provide a translation into Danish of the international application as to the extent to which the Economic and Business Minister is determined. If the application is drawn up in Danish, the applicant shall, within 33 months, submit a copy of the application to a copy.

Paragraph 2. Where the applicant has paid the fee before it in paragraph 1. In the case of 1 fixed period, the required translation or re-party may be provided within 2 months of the date of the payment of a supplementary fee before the expiry of the additional time limit.

Paragraph 3. If the applicant does not refit the requirements of this paragraph, the application shall be deemed to have been withdrawn in respect of Denmark.

-$30. When an international application model application is continued pursuant to section 29, the provisions of Chapters 1 and 2 shall apply to the application and its treatment with the deviations laid down in this Section and in section 31 and 34. The application may be admitted only before the expiry of the time limits set out in section 29 if the applicant is desired by the applicant.

Paragraph 2. The provisions of section 24 (2). 2 and 3 shall apply even before the application is continued when the applicant has fulfilled its obligation to submit a translation of the application or the application is drawn up in Danish when the applicant has provided a declaration of the application ; reside to the Office for the Patent Office.

Paragraph 3. For use of section 41 and 43-45 on compulsory licence, section 53 of the obligation to provide information on the use model and section 57 concerning the protection of the application between the period between the delivery and registration is considered an international use model application to be made ; available to anyone when it is accessible in accordance with paragraph 1. 2.

Paragraph 4. In such a respect, the use of the agricultural use model application shall be approved in such a way.

§ 31. In an international application model application, a utility model must not be registered or rejected until after the expiry of one of the Economic and Business Minister ' s time limit, unless the applicant has given consent to the decision to be taken before the decision.

§ 32. The Patent Office shall not, without the consent of the applicant, register an application model in an international utility model cover letter or publish it before it is published by the International Bureau of the World Intellectual Property Organisation ; (WIPO), or it has been 20 months from the International Customer Carry Day or, if priority is filed, from the priority day.

§ 33. Where a part of an international production model application has not been the subject of an international trial, because the applicant, according to the requirements of the international testing authority, has limited use of the usage model requirements, the part of which must be the part of the applicant ; the application shall be deemed to have been withdrawn by the Office, unless the applicant provides for the additional fee referred to in the Office for the Patent Cooperation Treaty within two months after the Office has requested the application of the patent.

§ 34. Has a part of an international application model application has not been the subject of international news investigation or international preparatory registers testing, because the application has been considered to include two or more independent independent bodies ; where the applicant has not paid a supplementary fee pursuant to the Patent Cooperation Treaty, the applicant shall examine whether the assessment was correct. If this is the case, the relevant part of the application shall be deemed to have been withdrawn by the Office, unless the applicant pays the fee within two months of the fact that the patent authority has provided the applicant for notification of the outcome ; of the investigation. If the patent authority finds that the assessment was not correct, it shall continue the examination of the application in its entirety.

Paragraph 2. The applicant shall be able to appeal for a decision pursuant to paragraph 1. 1, which means that an application model application includes two or more of each other independent applications. The Act of Act on Clause in section 25 shall apply mutatis muthisis.

Paragraph 3. The decision of the Stadfort shall be the period for the payment of the fee pursuant to paragraph 1. 1 from the day on which the final decision is available.

$35. If an applicant authority has refused to lay down international applications for an international production model application, the Office shall, at the request of the applicant, verify the accuracy of the decision. The same applies to a decision of the International Bureau, which will have to be considered to be withdrawn.

Paragraph 2. The request for review pursuant to paragraph 1 shall be made. 1 shall be presented to the International Bureau before the end of an economic and commercial minister has been set by the time limit. The Economic and Economic Affairs Minister shall set a time limit and to the extent to which the applicant shall be charged with a translation of the application to the patent authority.

Paragraph 3. If the patent authority finds that the decision of the recipient authority or of the International Agency is uncorrect, the patent authority shall examine the application in accordance with Chapters 1 and 2. receiving authority shall be deemed to have been submitted to the date on which the patent authority should have been designated as an international date of delivery. If the application for the application of the patent cooperation treaty in terms of form and content is to be provided, it shall be approved in such a way.

Paragraph 4. The provision in section 5 (5). TWO, TWO. a point shall apply to applications which are subject to treatment in accordance with paragraph 1. 2 if the application becomes generally available in accordance with section 24.

Chapter 4

Conversion of a European patent application

§ 36. Where a European patent application has been applied to a national patent authority which has been withdrawn due to the application of the European Patent Office within the time limit laid down by the European Patent Office, the Office shall, on the applicant ' s request, have to be made of the applicant ' s applicant ; request the converted to an application for the registration of the use model in this country, provided that :

Paragraph 2. If the requirements of the application model are concerned with the requirements of the European Patent Convention with regard to the form of the application, it shall be approved in such a way.

Paragraph 3. The Economic and Economic Affairs Minister shall lay down the procedures for the right to convert a European patent application to an application for the use of the use of the use of the use of usage in this country in accordance with paragraph 1. 1.

Chapter 5

Scope and duration of the registration

§ 37. The protective scope of the model registry is determined by the usage model requirements. Instructions can be provided for understanding of the usage model requirements in the description and the drawing.

Paragraph 2. After registration, the scope of the protection must not be extended.

§ 38. The use of model registration shall be valid up to 3 years from the date of entry and can be renewed for two additional periods of 3 and 4 years on the payment of the fees fixed respectively.

Paragraph 2. Renewal of registration must be announced.

Chapter 6

Payment of renewal fees

§ 39. The Renewal Charge is due to the last day of the month during which the charging period begins. Renewal fee may not be paid at the earliest three months before the due date.

Paragraph 2. For a later application, as referred to in Section 17, renewal charges for the periods that have started before the subsequent application were submitted shall not be in any case before two months after the date on which the application was subsequently submitted. For an international application model application, renewal charges apply to periods that have started before the day the application was continued after section 29 or entered for treatment after section 35 or which begins within two months after this day, not in : some cases before two months after the date on which the application was carried forward or engaged in the processing of the application.

Paragraph 3. The adjustment fee may be paid up to six months after the increase in the increase.

Paragraph 4. The Danish Patent and Commodity Management Board shall levy the renewal fees for the use of the model applicant, the manufacturer of use, or any nominated proxy, but Patent and Commodity Management Board shall not be responsible for the loss of time as a result of a loss of collection.

Chapter 7

License, transfer, etc.

§ 40. Where an entitlement registration has been passed to another, a licence has been granted, the use of the model of use, has been made available in the utility model registration, or are the use model gardens under bankruptcy proceedings, at the request of the application in the application of : the model register.

Paragraph 2. If it is approved that a registered licence is terminated, the licence shall be deleted by the Register.

Paragraph 3. The provisions of paragraph 1. 1 and 2 shall also apply to compulsory licensing and rights pursuant to section 48 (3). 2.

Paragraph 4. The search targets for a use of model registration may always be attached to the one registered as a utility model holder and the notification from the patent authority may be sent to this.

§ 41. If a registered production, where a three-year period from the registration and 4 years of the usage model application has elassed, not exercised in this country, it may achieve the purpose of bringing the application in this country to the ground. compulsory licence for this purpose, except where there is reasonable grounds for the absence of the aid.

Paragraph 2. The Minister for Economic and Business Affairs may decide that practice in another country must be treated as an exercise in this country in the application of paragraph 1. This provision can be made conditional on reciprocity.

§ 42. The holder of a registered use model whose exploitation is dependent on a patent or a registered use model which belongs to another may obtain a compulsory licence for the exploitation of the patent-protected invention or the use of the model registration registration ; to protect the creation if the first production represents an important technical step forward of major economic importance.

Paragraph 2. The holder of the patent or the registered use model for whose exploitation is granted compulsory licence pursuant to paragraph 1. 1, on reasonable terms, must be able to obtain compulsory licensing for the exploitation of the second generation.

§ 43. When important general interests are required, the person who is in business will be able to take advantage of a production, on which another has an entitlement to use model protection, be able to obtain compulsory licence for this purpose.

§ 44. The one which, when an application model application was made available to everyone in this country, for commercial purposes, the production of use of model registration may, where the application leads to a registered use model, have a compulsory licence for the use of the model registration ; the use of which is, for reasons of particular reasons, and the person concerned were not aware of the application and shall not reasonably be able to obtain such knowledge, either. This is also due to the fact that, under similar circumstances, it has also been the same as that which had made significant measures for the exploitation of the production of this country.

Paragraph 2. Such compulsory licensing may include the period prior to registration of the utility model.

Paragraph 3. The Minister for Economic and Business Affairs may decide that exploitation in another country shall be treated as equivalent to use in this country by applying the provision in paragraph 1. This provision can be made conditional on reciprocity.

§ 45. Forced licensing may only be communicated to the non-agreement which has been unable to obtain a licence under reasonable conditions and may be able to take advantage of the application in a reasonable and responsible manner and in accordance with the licence.

Paragraph 2. Forced certificate shall not preclude the use of the manufacturer of the right of use or of a licence to others to prevent the use of the model holder.

Paragraph 3. Forced licensing can only transfer to others with the company in which it is utilized or where the use was intentional. For compulsory compulsory licence granted under section 42 (2), Paragraph 1 shall also apply to the transfer of the compulsory licence, together with the use of the use model registration, where the use is dependent on a patent or a registered use model which belongs to another.

Paragraph 4. Forced licensing for semi-managment technology can only be granted to public non-commercial exploitation or to put an end to anti-competitive behaviour, which has been established by a decision or an administrative decision.

§ 46. The rights of the Sø and Handelscourt in Copenhagen shall determine, in the first instance, whether a compulsory licence must be notified and the extent to which the application may be used and shall determine the remuneration and the other conditions for the compulsory licence. In so far as conditions may be changed, the court may, at the request of each of the Parties, terminate the licence or set new terms for this.

Chapter 8

Termination of the registration, administrative testing, etc.

§ 47. A usage model registration can be entered in the event of a judgment, if

Paragraph 2. However, if the modeler holder is only partially entitled to the usage model registration, the usage model registration may not be valid in its entirety.

Paragraph 3. Case may, except for the provisions referred to in paragraph 1. 4 mentioned cases shall be raised by anyone.

Paragraph 4. Cases, which are justified by the fact that a utility model is registered by a person other than the person entitled to do so in accordance with section 1, may be raised solely by the person who claims to be entitled to the user's model registration. The case must be raised within a year of the justification for the registration and the other conditions on which the action is to be given the right to be informed. If the utility model was in good faith when the utility model was registered, or when the utility model holder acquired the utility model registration, the case may not be eruted later than 3 years after the registration of the user model.

§ 48. If an entitlement is registered to a person other than the person entitled to do so in accordance with section 1, the right to a claim to this claim shall be transferred to this claim. The provisions of section 47 (4). 4, whether the time of the case of the case applies.

Paragraph 2. The unregistered registration is where, in good faith in this country, it has been used for commercial purposes or for essential measures to be taken, entitled to a reasonable remuneration and, by the way, on reasonable terms to carry on with it ; initiate or initiate the planned exploitation of the general nature of his or her normal nature. This is how right comes under the same conditions, also holders of registered licensing rights.

Paragraph 3. Rights pursuant to paragraph 1. 2 can go to others only with the company in which they are used or where the use was intentional.

§ 49. If the manufacturer of the utility model is renounting the PoE registration, the patent authority shall declare the application model registration for the end of its entirety in its entirety.

Paragraph 2. If there has been a lawsuit for the transfer of usage model registration, the registration may not be declared null and void until the end of the lawsuit is definitively determined.

$50. When a model registration has taken place, any payment of the fee to the patent authority may submit a request for the testing of the registration.

Paragraph 2. The request for testing may be supported only on the grounds for invalidity, as referred to in Section 47 (3). 1.

Paragraph 3. The Patent Authority may require a request to be requested in accordance with paragraph 1. 1 is accompanied by documentation.

Paragraph 4. In the courts, the case of a use model registration shall be taken before a final decision has been reached on a request pursuant to paragraph 1. 1 in the case of the same registration, the patent authority shall make the examination of the request for the request until the end of the matter definitively, unless the request is made by the user model haver.

§ 51. Where a request has been made, section 50 shall be made aware of the use of the model holder and shall be given the opportunity to express their opinion on this subject. The Economic and Economic Affairs Minister lays down rules for this.

§ 52. Where the patent authority, after submission of a request in accordance with section 50, is the existence of an obstacle to registration, the registration shall lapse. The waste disposal of the registration shall be announced by the Office of Patent and Trade for the Administrative Board when the decision has been finally reached.

Paragraph 2. Where there is no objection to the maintenance of the use model registration in a modified form, the patent authority decides to modify the registration if the user model is in agreement with the amended formulation which the patent authority will provide for the use of the model registration ; and a notice of notification of a change has been paid before the date of expiry of the notice.

Paragraph 3. If the modeler of the utility model does not agree with the modified wording or not in due time the fee for notification of the change, the use model registration shall be deemed to be repealed.

Chapter 9

Duty to provide information about the utility model

§ 53. An applicant or proprietor who, in respect of another invokes an application for use model registration or a registered use model, before the records of registration have become available to anyone, is obliged to request give his consent to the person having access to the files of the application dossier. Includes the application of a landfill sample of biological material as referred to in section 15 (3). 1, they shall also have the right to be given a test. section 24 (2). SIX, TWO. and 3. pkt., and paragraph. 7-9, apply in these cases.

Paragraph 2. The person who either by direct contact to another or in advertisements or in writing on goods or their wrapping or other means that the use of model registration is applied or registered without, at the same time, indicating the registration or the number required by the application shall be without undue delay to give the applicant who is requesting such information. Where it is not expressly granted that the use model is applied or registered, it is appropriate to indicate the view that this is the case, at the request without undue delay, information on whether to apply or not to use an undue delay shall be provided ; registered.

Chapter 10

Penalty and replacement responsibilities, etc.

§ 54. 3) In the case of penalty, it shall be punished, as intentionally or gross negligent, encroachled upon the exclusive use of a utility model registering (use of a model intervention).

Paragraph 2. If the infringement is committed intentionally and under the circumcision of circumstances, the sentence may go to prison until 1 year and 6 months, unless higher penalties have been carried out on the penal code section 299 (b). In any case, in the event of an infringement, it shall be deemed to be available if a significant and evidently judicial action is charged.

Paragraph 3. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Paragraph 4. Extremes covered by paragraph 1. One, it is claimed by the imputed one. Extremes covered by paragraph 1. Two, only in accordance with the request of the aberrative unless the general public is required to make a claim.

§ 55. The forceful or negligent procedure for use of the use of the use of a model of use shall be paid ;

Paragraph 2. By fixing the compensation provided for in paragraph 1. 1, no. Secondly, account must be taken of, among other things, the lost profits and the wronger of the wronged by the abuber who is wronged.

Paragraph 3. In matters covered by paragraph 1. In addition, a compensation may be provided to the injured non-economic injury.

§ 56. In order to prevent further use of the modeling procedure, the right of contention may, inter alia, determine that a product constituting a utility model intervention must :

Paragraph 2. Paragraph 1 shall apply mutatis mutias to appliances, materials, utensils, or similar substances, which have primarily been used for the illegal manufacture of a registered production.

Paragraph 3. The measures referred to in paragraph 1 1 shall be implemented without compensation to the violation and shall not affect a possible replacement to the wronged. The measures shall be carried out on behalf of the infringement, unless special reasons are opposed to such measures.

Paragraph 4. By a judgment on measures taken in accordance with paragraph 1. 1 shall take into account the relationship between the level of the violation, the ordered measures and the interests of third parties.

Paragraph 5. The court may, upon claim, authorize the violation of the provisions referred to in paragraph 1. 1 and 2 of the products, appliances, materials, utensils or similar products in the period of validity of the registration or part of this against a reasonable remuneration. However, this applies only if :

§ 57. Any use without the permit of the commercial nature of a production after the documents are made available to everyone, and the application for use of model registration shall apply, with the exception of section 54 on fines and the application for use of model registration ; booklet, similar application. In the past until registration, usage model protection includes only what is stated in both the usage model requirements as they were available when the application became generally available, as the utility model registration, as is registered or is maintained in accordance with section 52 (3). 2.

Paragraph 2. The person concerned shall only pay compensation after paragraph 55 (5). 2, for the damage caused by intervention, prior to the notice of the notice of the patent notification after paragraph 21, to the extent that it is deemed reasonable.

Paragraph 3. Deparation of claims by paragraph 1 shall not enter the earliest one year after the registration.

§ 58. In a judgment, whereby someone is sentenced in accordance with section 55 and 56, the court at the request of the court may decide that the verdict is published in its entirety or in deductions.

Paragraph 2. The obligation for the publication shall be the subject of the violation. The publication shall be carried out on behalf of the offence and in such a prominent manner as to which it is reasonably possible.

$59. The manufacturer of the Potential and Commodities Management Registry shall notify this to Patent and Commodities for the registration of a usage model registration or transfer of registration ; the notification of the case installation to any licensed shaver introduced in the user model register at address. A licensed shaver which will initiate proceedings relating to the right of use of the right of use shall, in a similar manner, give notice of the use of the model haver.

Paragraph 2. Document the plaintiff does not in the subpoenas notice that notification and notifications are specified in paragraph 1. 1, has taken place, may fix a deadline for the fulfilment of the conditions. If the time limit is overturned, the case shall be rejected.

Paragraph 3. In cases of use-modeled intervention by the manufacturer of use, the defendant shall notify the rules referred to in paragraph 1. 1 to the Patent Office and registered licensors, where the defendant is determined to disclaim that the usage model registration is known to be invalid. The provision in paragraph 1 shall be 2 shall apply mutatis muth; so that the state of the use of the model registration is invalid shall be rejected if the time limit set is exceeded.

Paragraph 4. In cases of the use of a licensed holder of a licence holder, the defendant can sue the manufacturer of the utility model without regard to its host objects and, above and beyond, the claim that the usage model registration is known to be invalid. The provisions of Chapter 34 of the Court of Justice shall apply mutatis muctis.

§ 60. 4) The cases which, in the cases referred to in Section 53, fail to comply with the incumcitation of the person concerned, or to provide untrue information, shall be punished by fine, in so far as no more stringent penalties are imposed on any other legislation, and shall, in such a case, cause injury to them ; to the extent that this is deemed reasonable.

Paragraph 2. Section 54 (1). 3 and 4 shall apply mutatis mutis.

§ 61. 5) Applicants and utility models that are not resilials in this country shall be deemed to have been placed under this law in order to have home affairs in Copenhagen.

Paragraph 2. The printout of judgments relating to the use of model applications or the use of model registrations shall be sent to the Patent and Commodities Authority at the action taken by the court.

§ 61 a. 6) Where customs and tax administration are given a request for infringements covered by Section 54, information on this may be disclosed to rightholders.

Chapter 11

Various provisions

§ 62. Patent and Trade mark management may encourage the use of the model gardens to designate one in the European Economic Area (EEA), which on behalf of the utility model, may receive communications regarding the registered use model. The name and address of the full agent shall be entered in the utility model register.

§ 63. Complaints of the decisions taken pursuant to section 40, 66 and 67 of the applicant, the use model holder or the person who has requested the test shall be submitted to the Board of Appeal for Patents and Trademarks within two months of the date of notification of Decision. Others who have an interest in that decision may, within two months of the date of notification of the decision, submit a similar complaint.

Paragraph 2. Before the one in paragraph 1. The time limit for the payment of the complaint shall be paid. If this is not done, the complaint must be rejected.

Paragraph 3. The provisions of section 25 (3). 2-4, shall apply mutatis mutis.

§ 64. The Economic and Economic Affairs Minister shall lay down detailed rules for applications and for their treatment and for the processing of requests for testing, whether or not to forgo usage model registration, on the orientation of the use of the model register and the execution of the use of the model regime and the construction of the utility model register ; The publication and content of the model, on the exchange of electronic data with the patent authority and on the business performance of the steering. It may include, in particular, that the patent authority's journals above received applications must be made available to everyone. The Economic and Industry Minister may lay down detailed rules for determining the days to be regarded as closing days for the patent authority.

Paragraph 2. The Committee on Economic and Industry may decide that, at the request of another country's authority, the patent authority may provide that information on the treatment of these applications submitted by applications and that the Office shall, by its decision, determine whether the conditions for : ' registering ' shall be accepted by the competent authority of the competent authority in another country or in an international institution, as provided for in this respect.

Paragraph 3. The Committee on Economic and Industry may also provide for applicants who have submitted an equivalent application for the application for use, at the request of the patent authority, and within one time limit, to provide information on the result of : the examination of the data subject ' s registers, notified to the applicant of the patent authority of the person concerned, and the copy of the written exchange with this type of confession. However, the obligation to provide information may not be provided for in Chapter 3, subject to the use of a model application, which has been the subject of international preparatory tests for which report has been submitted to the Office.

§ 65. The Administrative Board may, at its request, undertake to carry out specific tasks relating to the use and modeling rights of usage. The Economic and Business Minister shall lay down rules on this service and to the payment and payment of fees for the late payment fee.

Paragraph 2. In the case of the tasks referred to in paragraph 1. ONE, ONE. a point shall apply to the public in the administration, not in the exception of section 4 (4). 2, whereupon you may request to be made familiar with personal matters referred to in documents.

§ 66. Will an applicant or usable model gardens suffer due to the loss of a person in this law or with the proprietor due thereto, but has the same degree of care which is reasonably required to this shall, upon request, restore the rights to the patent authority. The application shall be lodged with the patent authority within two months of the impediment of the impediment to which the extraneement has been dissent, but not later than 1 years after the expiry of the period. Within the same period, the person concerned shall carry out the undone action and pay the fee for re-established fees.

Paragraph 2. Paragraph 1 shall apply to the time limit for priority in section 11 (1). 1 if a modeler applying in a subsequent application requests the restoration of its priority within two months from the end of the expiry of the period referred to in section 11 (1). 1, said time limit.

§ 67. Has the applicant for the continuation of an international application model application, cf. in section 29, mail is used and the consignment shall not be sent in a timely manner, but shall be taken within two months of the date of realization or should have realised that the deadline was exceeded and no later than 1 years after the expiry of the deadline, the patent authority shall restore rights, if :

Paragraph 2. Use the rights to use the rights to be re-established in accordance with paragraph 1. This shall, before the expiry of the said release, submit a request to the Office on the subject of the patent.

§ 68. When a request for re-establishment pursuant to section 66 or 67 has been granted and an application model application as a result of which must be considered to continue to be considered to be maintained or a suspended model registration shall be deemed to be maintained, the preparation must be made out ; notice of this.

Paragraph 2. The person who, after the fixed deadline for the resumption of an application, has expired or after the application has been refused or after the waste model registration is announced, but prior to notification in accordance with paragraph 1. The following shall be established, in good faith, for the purposes of the commercial exploitation of the application in this country, or where essential measures have been taken, may continue to be used with the maintenance of its general nature.

Paragraph 3. The one in paragraph 1. 2 the right referred to may only be transferred to others with the undertaking in which it has arisen or where the use was intentional.

§ 69. The Economic and Economic Affairs Minister sets the size, etc., of the fees referred to in the law.

§ 70. The Minister for Economic and Business Affairs is after negotiating with the Minister of Defence and the Minister for Justice of the Rules of Justice for what is to be seen in this law in the field of war material.

§ 71. If the Minister for Trade and Trade Minister is committed to the Committee on Patent and Trade and Trade, the Minister can lay down rules on the access procedure, including the fact that complaints cannot be brought to a higher administrative authority.

§ 72. Article 76 of the Community patent Convention shall apply in respect of acts relating to products that have been put into circulation in another State which has been ratified or acceted to the Agreement on Community patents.

§ 73. The provisions of Article 75 (3) of the Community patent shall be laid down. The provisions of 1 and 2, whether wholly or in part, of a patent granted by the patent authority in this country shall apply mutatis mutable to use models.

Chapter 12

Entry into force and transitional provisions

§ 74. This law shall enter into force on 1. January, 2007. At the same time, the utility model law is repealed, Law Order no. 367 of 9. June 1998.

Paragraph 2. In the case of sections 55, 56 and 58, these shall be entered into force on 1. January 2006.

Paragraph 3. The law shall apply to the usage models registered and applications submitted after the entry into force of the law. In the case of use of modeling applications submitted before the entry into force of the law, the existing rules shall continue to apply.

Paragraph 4. The rules for recovery, cf. section 66-68, and the rules for testing according to section 50 shall also apply to applications and records before the entry into force of the law.

§ 75. The law does not apply to the Faroe Islands and Greenland, but can, by means of a royal device, be brought into force for these parts of the village, with the deviations which are attributable to the special ferry and Greenlandic conditions.

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§ 105

Paragraph 1. The law shall enter into force on 1. January, 2007, cf. however, paragraph 1 2-22 and § 106.

Two-two-twenty-two. (Transitional provisions, omitted).

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§ 9

Paragraph 1. The law shall enter into force on 1. January, 2009.

Strike two-four. (Transitional provisions, omitted).

1) The law provides for the implementation of parts of Directive 2004 /48/EC of the European Parliament and of the Council of 29. April 2004 on the enforcement of intellectual property rights (EU Official Journal 2004) In 195, s. 15).

2) This bill contains comments on the entry into force and transitional provisions adopted in the 2005/2006 parliamentary year to 2008/2009. The changes listed below as a result of law no. 538 of eight. June 2006 amending the rule of law and various other laws as well as law no. 1404 of 27. In December 2008 amending the trade mark law, the penal code, the law on radio and television, as well as different laws do not apply to the Faroe Islands and Greenland, but may, by royal contrasting, be brought into force for these parts with the deviations which they are, special skills and Greenland conditions are attributeal.

3) Section 54 of this written text came into force on 1. January, 2009, cf. law no. 1404 of 27. December 2008.

4) § 60, paragraph. 2 in the draft text, entered into force on 1. January, 2009, cf. law no. 1404 of 27. December 2008.

5) Section 61 of this conception entered into force on 1. January, 2007, cf. law no. 538 of eight. June 2006.

6) § 61a came into force on 1. In January 2009, the law number was inserted. 1404 of 27. December 2008.