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Original Language Title: Mallioikeusasetus

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Model rights regulation

See the copyright notice Conditions of use .

The presentation of the Minister for Trade and Industry is governed by the law of 12 March 1971. (16,71) Pursuant to:

Application for registration and diary
ARTICLE 1

Application for registration of the model from the Government of the Patent and Registration (registry authority).

ARTICLE 2 (14.4.2011/357)

Application for registration forms a statement (application book) The Annexes.

The application book shall be signed by the applicant or his agent and shall include:

(1) the name, domicile and address of the applicant and, where the applicant is represented by an agent, including his name, domicile and address;

(2) the name and address of the model;

(3) confirmation by the applicant that the design right has been passed on to the applicant if the model has been created by the applicant other than the applicant;

(4) an indication of the products for which a model registration is sought;

(5) a declaration on whether or not to request a model law; Article 8 of the ec Treaty ( Of the European Union;

(6) a statement as to whether the applicant requests a suspension of the registration and registration of the model, in accordance with Article 18 of the model law;

7) Notification of the annexes to the application book.

The application book shall be accompanied by:

(1) Descriptive material of the model;

2) if the applicant is represented by an agent, a proxy issued to him.

ARTICLE 3

The application and the annexes shall be drawn up in Finnish or Swedish in accordance with the language legislation in force. If the applicant is a foreigner, the application shall be made in Finnish. The foreign language document of the application shall be translated into Finnish or Swedish if required by the authority.

§ 4

The design description of the model shall be given in triplicate. The images included in the footage shall not be larger than A4 (21 cm × 29,7 cm). The images shall be replicable in black and white to the other size. (18.7.2002/620)

If the applicant gives a specimen, it shall be of a durable substance and shall not exceed 40 cm or weigh more than 4 kilograms. The model must not be perishable or hazardous.

If the application covers a number of models, different descriptions of each model shall be provided. The images and the models that may be given in the photo material shall be clearly marked in numerical order. (18.7.2002/620)

§ 5 (18.7.2002/620)

The registration authority shall indicate the application number and the date of submission of the application.

ARTICLE 6

The registration authority shall keep a diary of incoming applications for registration of models. The diary is public.

For each application, the diary shall:

1) the date of submission of the application and the application number; (18.7.2002/620)

(2) the date on which the image or model was given, if it is not the same as the date of submission of the application; (18.7.2002/620)

(3) the products for which the model registration is sought and the categories to which the model is classified; (18.7.2002/620)

(4) the name, address and address of the applicant;

(5) if the applicant is represented by an agent, his name, domicile and address;

(6) the name and address of the model;

(7) where the privilege has been requested, where the earlier application as the basis of the entitlement has been submitted, the date of submission of the application and the application number;

(8) whether the applicant, in accordance with Article 18 of the Law on Modal Law, has requested a suspension of the registration and registration of the model; (14.4.2011/357)

(9) the written pleadings, the model invoices issued and payments made;

10) decisions taken in this case;

(11) suspension of the examination of the application as a result of a coincidence in accordance with Article 14. The corresponding entry shall also be applied to the journal entry for the parent's application. (18.7.2002/620)

§ 7

If the registration authority is informed that the model for which registration has been applied for has been passed on to the other, this applicant shall be entered in the diary only if the transfer is established.

Frontal law
§ 8 (18.7.2002/620)

§ 8 has been repealed by A 18.7.2002/620 .

ARTICLES 9 TO 11

Articles 9 to 11 have been repealed by A 14.4.2011/357 .

Distribution
ARTICLE 12

Where the application covers a number of models, the applicant may divide it into several applications which shall be deemed to have been made at the same time as the original application.

Such applications shall be subject to a new application fee and other fees referred to in Article 47 of the model law, unless they have already been carried out. (18.7.2002/620)

Processing of application for registration
ARTICLE 13

In examining the model registrations of the model, the registry authority shall take into account all aspects of it.

A study shall be carried out by the registry authority, which shall include other national registration applications made before the date of application, together with the models in the register and deleted. In addition, the study should include international registration applications for Finland before the date of the application and the existing international model registers. (14.4.2011/357)

The registration of the model on the basis of the provisions of Articles 4, 4a and 4b of the Law on Module shall be examined to the extent that the quality of the model so requires and so that the examination of the application is not substantially delayed. (18.7.2002/620)

ARTICLE 14 (18.7.2002/620)

In the event of a coincidence with an earlier application for registration of the model, the registry authority may suspend the examination of the subsequent application until the previous application has been settled or has become public, or The coincidence of the application has stopped.

Registration of the model registration (14.4.2011/357)
§ 15 (14.4.2011/357)

The registration of the model shall include:

1) the application number;

(2) registration number of national or international registration;

(3) the date of submission of the application or when the application under Article 10a of the Law on Law is deemed to have been made;

(4) the name and address of the holder of the registration and, if the holder is represented by an agent, including the name and address of the agent;

5. The name of the creator;

(6) an indication of the products for which the model is registered and of the categories to which the model is classified;

(7) requested by means of notification, where the application has been made, the date of submission of the application and the application number;

8. Describe the model;

(9) a statement as to whether a specimen has been issued;

(10) notice whether the footage is coloured.

Opposition procedure (14.4.2011/357)
ARTICLE 16 (14.4.2011/357)

The claim against the registration of the model, together with the subsequent pleadings of the holder of the registration and of the opposition, shall be provided to the registry authority in triplicate. The claim shall be justified.

§ 17

When the agent is represented by an agent, the registration authority shall be provided with a proxy to the Ombudsman.

ARTICLE 18 (14.4.2011/357)

The registration holder shall be provided with copies of all pleadings and annexes issued by the opposing party.

If the holder makes a statement as a result of the claim, the registrant shall decide whether further exchange of pleadings is necessary.

§ 19 (14.4.2011/357)

Where the registration authority receives a statement of relevance for the registration of the model before the commencement of the claim period, it shall be notified to the applicant. The registry authority shall point out to the giver of such a statement the possibility of asserting the model after registration of the model, unless the question is a better law.

Model register
ARTICLES 20 TO 21

Articles 20 to 21 have been repealed by A 14.4.2011/357 .

§ 22 (18.7.2002/620)

Where, on the same day, one or more applicants have submitted applications for two or more models, where the models presented do not differ from their overall impression, the models shall be made on the basis of each of the models to be recorded for each model. An application and registration number of each other such model, including the registration certificate and the registration certificate.

ARTICLE 23 (14.4.2011/357)

Paragraph 23 has been repealed by A 14.4.2011/357 .

§ 24 (18/03/2015)

Where the registration authority has been informed of the application for annulment of a model registration in whole or in part, or for the lodging of an application for the transfer or expropriation of a registration, it shall be entered in the model register.

Where a copy of the decision on the settlement of the proceedings has been submitted to the registration authority, (100/2013) Article 23 of Chapter 4 Or in accordance with Article 44 of the model law, it shall be entered in a model register. In addition, the legal force obtained by the solution must be entered in the register.

ARTICLES 25 TO 26

Articles 25 to 26 have been repealed by A 14.4.2011/357 .

§ 27 (14.4.2011/357)

If the model registration is renewed, it shall be entered in the register.

The renewal notice shall include the registration number of the model, the date of commencing the renewed protection period and the name of the holder of the design right.

ARTICLE 28

Once the registration has ceased, the registration authority must be removed from the register.

Once the model has been removed from the register or amended, or when a model law has been transferred or partially revoked by a court decision, the registry authority shall be obliged to do so. (18.7.2002/620)

Payments
ARTICLES 29 TO 32

Articles 29 to 32 are repealed by A 3.12.1976/943 .

Miscellareous provisions
§ 33 (18.7.2002/620)

The model shall be registered in one or more categories. The classification of the models shall be established by the Board of Patents and Registration.

§ 34

Alerts under the model law shall be published in the model law submitted by the Government of the Patent and Registration.

ARTICLE 35

According to Article 10 of the model law, the model law is retained by the registration authority until five years have elapsed since the registration was stopped. If, during a five-year period, the holder of the design right has not requested the specimen back, the registration authority shall dispose of it.

§ 36 (14.4.2011/357)

Paragraph 36 has been repealed by A 14.4.2011/357 .

ARTICLE 37

Before the entry into force of the model law, an application made on 1 April 1971 in a foreign country cannot form the basis of the privilege referred to in Article 8.

Entry into force and application of amending acts:

19.9.1975/739:

This Regulation shall enter into force on 1 January 1976, however, with a view to applying the model rights regulation of 2 April 1971 to the applications made before the said date (252/71) Provisions.

3.12.1976/943:

This Regulation shall enter into force on 1 February 1977, subject to the application of the application for trade mark applications from 1 February 1977. This Regulation repeals the Patent Regulation (4/68) ARTICLE 53 And Articles 49, 50, 51, 52 and 52a as set out in the Regulation of 19 September 1975 (78/75) , the Trade Mark Regulation of 29 May 1964 (296/64) As set out in the Regulation of 19 September 1975 (70/75) And 27a, as set out in the Regulation of 26 March 1976 (26,76) , the model law of 2 April 1971 (252/71) Articles 29, 30 and 31, as set out in the Regulation of 19 September 1975 (1739/75) , the Regulation of 19 September 1975 on the fees charge for patents, designs, trademarks and trade registers (16,75) And of the Regulation of 10 October 1969 on patent agents (636/69) .

22.12.1995/1703:

This Regulation shall enter into force on 1 January 1996.

This Regulation shall apply to applications made after its entry into force.

18.7.2002/620:

This Regulation shall enter into force on 1 August 2002.

14/04/357:

This Regulation shall enter into force on 1 May 2011.

18.07.2013/583:

This Regulation shall enter into force on 1 September 2013.