In accordance with the decision of the Parliament, provides for: the General provisions of section 1 of chapter I (July 12, 2002/596) of the user who created the template, or his, can register to get exclusive rights to the model (the model law), as this is required by law.
1. (a) section (July 12, 2002/596) in this Act, the following definitions shall apply: 1) model means the appearance of the whole or a part of a product, which is a product or its decoration features such as, the lines, contours, colours, shape, texture or materials;
2) product, industrial or handcrafted goods, including parts intended to be assembled into a multipart product as well as packaging, the appearance of the packaging, graphic symbols and font types;
3) moniosaisellatuotteella product, which is composed of multiple components which can be replaced in such a way that the product can be dismantled and put together again.
Under paragraph 1, as referred to in paragraph 2 shall not be considered computer programs.
2 section (July 12, 2002/596) a design right shall be granted if the design is new and unique.
The model shall be considered to be new if no identical design has not become public before the date of filing of the application or, if priority is claimed, before the priority date. Designs shall be considered to be identical if their features differ only in immaterial details.
A design shall be considered to be unique, if committed by a general impression of the user that is different from before the date of filing of the application or, if priority is claimed, before the priority date to be known that it produces on the models. Individuality is the degree of freedom of the designer in developing his design shall be taken into account.
Part of a complex product design shall be considered to be new and unique, if: 1) remains visible during normal use of the latter; and the visible features of the component part fulfil in themselves the 2) novelty and uniqueness.
Article 4 referred to in paragraph 1, the normal use does not belong to the maintenance, servicing or repair work.
section 3 (July 12, 2002/596) the design shall be deemed to have been made public, if: 1) it is published in the registration procedure or otherwise; or 2) it has exhibited, used in trade or otherwise become known.
The model is not, however, become public, if subparagraph (1) does not have reasonably been able to enter the European Union in the field of in the normal course of business, before the filing of the application for registration or, if priority is claimed, before the priority date.
The design shall not be deemed to have been made public on the sole ground that it has been brought to the attention of the secrecy provided by a third person.
3. (a) section (July 12, 2002/596) the design shall not be deemed to have been made public within the meaning of article 2, if a design for which application for registration is the 12-month period preceding the date of filing of the application or, if priority is claimed, before the priority date become public: 1), or the result of information provided or action taken by a third person; or 2) as a consequence of an abuse in the template creator.
What provides the citation, also applies to his omistajaansa.
section 4 (July 12, 2002/596) the model shall not be registered if: 1) it is contrary to public order or good customs; or 2) it is similar to the earlier model, which has become public after the date of filing or, if priority is claimed, after the priority date, and which is protected from the date of the above mentioned earlier as, at the time when Finland, as a national design or application.
4. (a) section (July 12, 2002/596) is not registered, if the fact is without the permission of the State, taken: 1) or the Central Organization of the international, national coat-of-arms, the flag or other emblem, designation or abbreviation of the name, designation or abbreviation of the name or pattern, if it is confusingly similar to such a name to an image, the mark, the name of the proprietor or reduction;
the use of the model to be registered in the 2) or the like goods of the mark or the examination or the guarantee or warranty;
3) which can lead to the impression that the issue is the second of the name or other identification of the mark in the course of trade in Finland, the vakiinnutetusta, the trade mark or the second last name, taiteilijanimestä, or a similar name, or the name or likeness of another, unless the shape of the picture seem to mean something long dead people;
4) that can lead to the impression that the issue is the name of a protected literary or artistic work of another, if the name is original, or any other intellectual property right of sanotunlaiseen the work, or the right to a photo;
5) like that, which is different from just epäolennaisesti in Finland, to another of the registered design or utility model.
section 4 (b) (July 12, 2002/596) a design right shall not be eligible for the external appearance of the features of the product, which, at 1) depend on only by its technical function; or 2) is reproduced in their exact form and dimensions in order to permit the product contained in the template to be mechanically connected to or placed in another product, around or against, so that either product may perform its function.
A design right may be 1 Notwithstanding the provisions of subsection (2) shall, together, subsist in a design serving the purpose of allowing multiple Assembly or connection of interchangeable products structural units as consisting of a single entity.
section 5 (July 12, 2002/596) a design right shall include all templates, in which case the user may not be familiar with a different overall impression. When assessing this, the degree of freedom of the designer in developing his design shall be taken into consideration.
(5) (a) section (July 12, 2002/596) the model law contains a subject that below other than the holder of the design right without the permission of the model. Exploiting a model is, among other things, the manufacture of a product in accordance with the model or the placing on the market, offering for sale, use, storage, import, export, or for those purposes.
section 5 (b) (July 12, 2002/596) a design right does not include the private use of the template: 1), which has no commercial purpose;
the use of the model 2) for experimental purposes; instead of 3) to act, whose purpose is to reproduce the model for the purpose of making citations or of teaching, provided that the acts are compatible with fair trade practice and do not unduly prejudice the normal exploitation of the design, and that mention is made of the source.
The model law does not include vessels registered in the country temporarily to check the equipment on board a vessel or aircraft, for the purpose of repairing such craft imported spare parts and accessories and repair of these vessels.
section 5 (c) (July 12, 2002/596) a design right does not give its holder the right to prohibit the exploitation of the protected product, the model law if the holder of the design right has been marketed in the European economic area or of the product it is in agreement with this, there will be placed.
section 6 of That at the time of filing in the country of registration of the design in professionally used the model, without prejudice to the right to continue to use another template confirming the same to the universal nature of the abuse of the registration, unless the applicant or contained obvious exploitation of it, that this will lead to the right. A similar license is under conditions equivalent to those under the, which has taken the essential steps in order to model professionally in this country.
In accordance with paragraph 1, the right to be able to move to another only movement involved, where it is born, or where its use was intended to happen.
section 7 (July 12, 2002/596) section 7 is repealed by L:lla on 12 July 2002/596.
section 8 (July 12, 2002/596) in Finland was the application shall be deemed for the purposes of paragraphs 2 and 6 of the article have been made at the same time as the application in another country, if the model is the model of the application for the utility model registration or protection, which is made in the Paris Convention for the protection of the Paris Convention (Treaty Series 5/1921), or to the agreement establishing the World Trade Organisation (Treaty Series 5/1995) in a Contracting State.
The registration will need to apply in Finland within a period of six months after the registration has been applied for in the first paragraph of the Contracting States.
Paragraphs 1 and 2 shall also apply to the rest of the paragraph of the Protocol annexed to the application, by the registry authority in a Contracting State on the application of specific reasons, considers as being an issue.
In order to gain the privilege referred to in subparagraph (1) the applicant shall be requested by the application, and it shall inform it in Finland, where and when the basis for the claim reported to the application is made. The applicant shall also be informed, as soon as possible, the number of the application.
section 8 (a) (Dec. 3/10) a decision of the Registrar may request the applicant to establish that the claim referred to in article 8. In order to achieve the priority right of the applicant within the time limit will provide the basis for the claim to be the registry authority of an application for a certificate issued by the requested authority, the applicant's name, as well as of the date on which the application and the latter a copy certified by the authority of the application and a copy of the associated template requesting the image.
The time limit referred to in subparagraph (1) above shall not be ordered to finish before three months have elapsed from the date of the application in Finland.
The privilege will not be achieved, unless otherwise provided by the registration authority of the decision.
8 (b) of section (Dec. 3/1058) Privilege can only be based on the first application, where the model is presented.
If the first application for the author or his successor in title has the same authority later made the same model to mean the application, can be the basis for the subsequent application to submit the claim to the condition that the conclusion of the previous application has been withdrawn, expired or been abandoned, left to public documents and the entry into force of the application had no right and it was not the basis for the claim. If the privilege is achieved on the basis of the subsequent application, the previous application, priority shall not longer be invoked as a basis.
Article 8 c (Dec. 3/1058) when applying for a yhteisrekisteröintiä referred to in article 11 may be the privilege to reach to one or more of the models.
In this type of application can be the privilege to request a number, also in different countries on the basis of the applications made.
Chapter 2, section 9, of the application for registration and the Registration Authority is the National Board of patents and registration.
section 10 (July 12, 2002/596) the registration of the application shall be made in writing to the registration authority.
The application shall contain the template creator. If the creator of a non-template applies for registration, the applicant must establish that the application for a design right has been passed to him. In addition, the application shall indicate the product or products concerned by the application. (Dec. 3/10)
The application shall be accompanied by the image of the model-data. If the applicant, in addition to the model of the before the registration in accordance with article 18 of the public notice, this shall be deemed to represent the model. (Dec. 3/1058), section 10 (a) (July 12, 2002/596) registration of the application shall be deemed to have been filed until the date on which the applicant is given the authority to represent the image of the model or the model track and completed the application fee.
The application of additional payments down further government regulation.
section 11 (July 12, 2002/596) the application may contain a number of models of the application for registration of the licence, if the reported products belong to the same class of the Locarno Agreement establishing an international classification for industrial designs (Treaty Series 23/1972).
section 12 (Dec. 3/10) an applicant who does not have a registered place of business in Finland, must be a resident of the European economic area, which is entitled to represent him in matters relating to the application.
section 13 (July 12, 2002/596) the application shall not be amended in such a way that the essential characteristics of the model of the overall change.
an application for registration of the design in the article 14 dealing with the registration authority shall, to the extent provided for in the regulation, more specifically, whether the conditions for the registration of an existing model. If the applicant does not comply with the provisions set out in the application or the application authority finds other obstacles to the adoption of a decision, the applicant shall be invited within the time limit to give a statement or to correct the application.
Unless the applicant, within the period laid down in the decision to give a statement or to take any action to remedy the defect which has been pointed out, the application must be lodged with the old. According to paragraph 1, the decision shall specify that the penalty laid down in the interim.
The old, filed the application will be taken up again, if the applicant, within two months of the end of the period laid down in the decision at the request of the country of domicile, as well as give or take action to remedy the defect and within the same period, run the uudelleenkäsittelymaksun set. Review can take place only once.
section 15 (Dec. 3/10) If the applicant is still a barrier to the statement following the adoption of the application and the applicant has had the opportunity to give a statement, the application must be dismissed in so far as there is no obstacle to its adoption, subject to the decision of the issue to the applicant a new interval.
section 16 when one of the registry authority claims that he has a better right than the applicant, and if it seems unclear, the authority may, within the period laid down in the decision to urge him to bring an action before the Court of perjury, that the claim shall not be taken into consideration in the application further.
If the Court is pending litigation for a better right to the model, the registration of processing of the application may be suspended until the thing is finally resolved.
section 17 When someone register to show that he has a better right than the applicant, an application for the registration authority comes from his demand to move him. The application having been transferred to himself, shall be carried out in a new application fee.
When the transfer is required, and before the claim has been finally settled, is not an application be modified rather than leave it to the old, to reject or accept.
section 18 (Dec. 3/1058) in the case of an application in accordance with the provisions and documents are an obstacle to the acceptance of the application, the registration authority shall register the model and registration is an announcement.
At the request of the applicant, may be a model for the registration and the kuuluttamista, however, may be postponed for no more than six months from the date on which the registration application was made, or on which the privilege has been requested under article 8. The suspension request must be made in the application for registration.
18 (a) section (July 12, 2002/596), the claim must be made in writing to the authority within two months from the date of publication of the mention of the registration of a design right. (Dec. 3/10)
If the registration is applied for other than article 1 of the model to be legitimate, the argument can be made that considers itself to be eligible for the scheme.
If the template is without the explicit permission of the 4 (a) of section of the identification referred to in paragraphs 1 and 2 of the printer or a mark, the argument can be made that the right of registration, which violates.
If the template is incompatible with article 4, paragraph 1, sub-paragraph (2) or 4 (a) of section 3 – 5, you can make the argument the applicant for or the holder of the conflicting right.
Other than the cases referred to in subsections 2 to 4, the claim can be done by anyone.
section 19 (Dec. 3/10) of the application for registration of the documents are open to the public, unless they are carried out by the applicant under article 18 on the request for suspension shall be held confidential.
If the postponement is requested, the application documents will be made public at the end of the requested amount, however not later than six months after the date of filing of the application for registration or from the date on which the priority according to article 8, have been caught. If the Authority during this time has decided to leave the old, or to reject the application, the documents will be made public only in the event that an applicant for a change to an application or request.
under section 20 (Dec. 3/1058) in article 18 (a) provided for in the Act of the opposition period has expired, the arguments against the template has to be taken. Reading must comply with the provisions of article 14 to 17 shall apply mutatis mutandis. If the opposing party withdraws the opposition, however, the matter can be investigated, if there is a specific reason.
If there was a claim, it shall notify the holder of the registration. If the claim is not manifestly unfounded, in addition, be given an opportunity to be the holder of the statement.
After the processing of the registration authority, set aside the registration of a claim in so far as there is an obstacle to registration. When a decision repealing the registration has become final, the decision is an announcement.
The registry authority shall reject the opposition, if the registration is not an obstacle.
an application for registration of the design in the article 21 of the final decision of the registration authority, the applicant may apply for a change, and if the decision is against him. The registration authority for the registration of the claim to make against the final decision may be appealed by the decision. (31.1.2013/109)
Article 14 of the decision by which the request referred to in subparagraph 3, of an application for restoration is rejected, or the requirement in article 17 on the transfer of the application has been approved, the applicant may apply for a change. The transfer of the application, the requirement of the decision, which has been rejected, an appeal may be made in the presentation.
section 22 (31.1.2013/109) the decision taken by the registration authority in the event of an appeal under this Act by appealing to the market as the Government on the law of patents and registration of Finland (575/1992).
The processing of an appeal, as referred to in subparagraph (1) above market law provides for the right to start in the market (100/2013).
(L) the Government of patents and registration of Finland 575/1992 is repealed by the National Board of patents and registration of the Government L:lla 578/2013.
22 (a) of section (Dec. 3/1058) if the registration authority receives, for the section 44 (a) the International Bureau referred to in the notification of the international registration, the protection of which the start date is earlier than the same model on the Finnish model the start date for the protection and registration of the international registration in respect of the items of the designs are partially or completely the same as the Finnish model of registration, the registration authority shall remove its decision on the Finnish registration and solve the thing again.
section 23 (Dec. 3/1058) section 23 is repealed by L:lla Dec. 3/10.
23 (a) section (Dec. 3/10)
The template is given a registration number, the registration authority shall take it to the register. In the case of a will be provided for all rekisteröitäville models the same registration number. The certificate shall be issued to the holder of the registration of a design right.
The registry must contain: 1) the registration number of the application and the registration number of the design;
the name of the holder of the design right 2), place of residence and address, as well as, if the holder of the design right is represented by an agent, the name, domicile and address;
3 the name and address of the creator of the template);
4) a statement of the products for which the design is registered, and the categories in which the design has been awarded;
5) from the date of notification: (a) the date on which the application for registration of the design is a 10) (a) of the order to be considered to have been adopted;
(b) the date on which the application documents have become public);
(c)) the date on which the model is entered in the register;
(d) the date on which the registration has been drawn you;)
6) notification of privilege and the privilege of founding from the date on which the application is made, as well as its application number;
7) image data model;
8) a statement whether the specimen;
9) a statement whether the template modified in accordance with article 25 (a);
the partial repeal of the model notification as shown in 10) pursuant to article 31.
section 23 (b) (Dec. 3/1058) entry, referred to in article 27, shall include the name of the holder of the right, place of residence and address, as well as the model and the right to license or of the date of the migration or immovable property. At the request of the licensee in respect of a substantial right of the holder of the design right, whether or not to grant other licences.
Subject to the question of the conclusion of the entry in the register, however, cannot be solved immediately, it is important that the records have been requested.
The provisions of paragraph 1 shall be similarly applicable to the authorisation and section 32 of the right referred to in paragraph 2.
When the model is the basis of the notification, shall be made on the entry in the register.
The notification agent shall be entered in the register on the change.
Article 23 (c) (Dec. 3/1058) If the holder of the design right to notify under section 33, the abandonment of the model right, and if this template a licence is recorded in the register, is the holder of the authorization shall inform the reasonable period of time to monitor their rights and make her case before the template is deleted from the registry.
Chapter 3 the period of validity of the registration and registered design (July 12, 2002/596) section 24 (July 12, 2002/596) the registration shall be valid for five years from the date of filing of the registration, and it may be renewed four times for a period of five years at a time. Each registration period shall be calculated from the end of the season the previous registration.
The term of protection is, however, a maximum of 15 years, if a template is part of a complex product, and it is intended to remedy the product to its original format.
section 25 (July 12, 2002/596) registration may be renewed for the earliest years of the expiry of the registration period, and at the latest within six months of its completion.
The renewal must be applied for in writing, in the context of the reform of the registration authority if you want to make a change in the registry entries. Otherwise, the registration will be considered renewed once the renewal fee has been paid.
On the reform of the registration is an announcement.
Article 25 (a) (July 12, 2002/596) at the written request of the holder of a registered design may be changed, if the design is registered, 1, 1, 2, 3, 3A, 4, 5 (a) or (b) in contravention of section 4. However, the modified template to meet the conditions for registration set out in this Act and the model of the overall material features of the claim may be subject to change. The application shall be subject to the change of the model.
The registration of the change is an announcement.
Chapter 4 the use and Disposal of a compulsory licence under section 26 of the design right may be transferred to another.
When the other has been given the right to use a professional (licensed), this continues to be handed over to the right only if it has been agreed upon.
When the licence is issued, will it, however, to dispose of the motion, unless otherwise agreed. In this case, the donor will remain responsible for compliance with the conditions of the licence.
Article 27 When the design right or the license has switched to the other, it shall, on request, against payment of a fixed task entry in the register. The same applies to the panttausta of the design right. If it is shown that the registered licence or the Lien has expired, the entry shall be removed rekisterista.
What is provided for in the paragraph 1, is to be applied by the compulsory exploitation right and within the meaning of article 32 (2) of the law.
In the case of a transfer of a design right may be registered only if it applies to all models.
Any dispute relating to the model law and in other cases, it is considered a design right holder, which as such is his name was last entered in the register.
When someone is asked to register the model law has been passed to him, or that he has received the licence or the lien, and if he was right, in good faith, not in relation to the model law, or of the right to an earlier transfer is not valid against him unless the second it was called saantonsa in the register prior to the entry in the model.
section 28, which is in the country professionally used the model, where the application documents became public, and that there is no information on the application and registration of the design he reasonably have not been able to find that information, be able to get a compulsory licence template, if there are special reasons for this, as well as the application leads to registration. Under conditions equivalent to those under a compulsory licence may also be the one who has taken the essential steps in order to use the model of the client, in this country. A compulsory licence may also include the registration period.
section 29 of the compulsory licence may not be granted to a party other than the conditions may be considered to be an acceptable way to use the template in accordance with the compulsory licence.
A compulsory licence shall not prevent the holder of a design right in using scheme, or from disposing of its operating permit. A compulsory licence may move on to another but the movement involved, where it is used or where it was meant to be used.
section 30 of the compulsory licence granted to the Court, which also determines the extent to which the design may be used, as well as to establish the terms of the compulsory licence consideration and others. When significantly changed circumstances so require, the Court may request the party concerned to refute or confirm the terms of the compulsory licence.
Chapter 5 of the Model Law in the termination section 31 (July 12, 2002/596) the Court shall annul the registration of the application in whole or in part, if the design is registered, 1, 1, 2, 3, 3A, 4, 5 (a) or (b) in contravention of section 4, and there is still a barrier to registration. The registration is not, however, be annulled on the ground that the model law had been entitled to only a specific share for it.
If the registration has been granted to a party other than the entitled, according to article 1 of the model, the annulment of the registration of the action can do it, who claims to be a legitimate template.
If the registration has been granted under section 4 (a) (1) or (2) an action for the annulment of the registration, you can do it, the right to registration.
If the registration has been granted pursuant to article 4 (2) or 4 (a) of section 3 – 5 actions for the annulment of the registration in breach of, can drive the applicant for or the holder of the conflicting right.
An action for the annulment of the registration can do also the public prosecutor, if the action is based on paragraph 1 of article 4 (4) (a) of article 1 or 2.
Other than the cases referred to in paragraph 2 to 5 of the action shall be open to the fact that registration is a nuisance.
31 (a) section (July 12, 2002/596) the action is section 31 of the cases referred to in paragraph 2 must be brought within one year from the time when the applicant had knowledge of the facts on the basis of the registration and other proceedings. (Dec. 3/10)
If the holder of the design right has been in good faith, when the model was registered or the design right was transferred to him, the action may not be initiated more than three years after the registration.
Article 31 (b) (July 12, 2002/596) the registration may be revoked in part, only if the model after the annulment of the registration provided for in this law still complies with the requirements of the overall material features and model change.
2 L:lla 31.1.2013/109 is repealed.
31 (c) section (July 12, 2002/596) the registration of a design may be declared invalid even after it has lapsed or has been surrendered.
Article 32 (July 12, 2002/596) if it is registered to a party other than the person entitled to it under paragraph 1, the Court, the application to transfer the registration to him entitled. The action shall be brought within the period laid down in article 31 (a).
If the registration shall be declared forfeited, as they began to use the template in good faith, has been in this country for the essential action, or it may be a reasonable consideration and otherwise reasonable conditions, he will continue to use the template or start the intended use of the nature of the public confirming. Such a right is also registered under conditions equivalent to those of a licence holder.
The right referred to in paragraph 2 above, you can move on to another but its movement, where it is used or where it was meant to be used.
If the holder of the design right is conferred by the design right submits a declaration in writing to the registration authority to remove the template from the registry.
If the model is the notification or there is a dispute, the registered lien or the transfer of a registration to another is pending, at the request of the holder of the design right is not allowed regardless of the register as long as the garnishment or lien is valid, or the dispute has not been finally resolved.
5 (a) in the figure (on 20 December 2002/1215), section 33 (a), the Community model (31.1.2013/109) of the community design, the community design refers to the Council Regulation (EC) no 6/2002, the European Union, in accordance with the unregistered model and the Office for harmonization in the internal market (trade marks and designs), hereinafter referred to as Community trade mark and design rights agency, on the basis of that regulation-registered model.
section 33 (b) (20 December 2002/1215) the application for registration of a community design may be submitted to the Board of patents and registration of Finland, which shall forward it to the Community trade mark and design rights to the Agency as laid down in Council regulation on Community designs.
Filing an application for a community design shall be carried out in the application for submission to the Board of patents and registration of Finland.
Chapter 6 the obligation to the applicant for registration under section 34 If the pretext, adding to the present claim to the other before the application documents have become public, he shall, on request, permit access to documents.
That the Declaration of the second half, or by turning directly to the goods or its packaging in paper or in any other way to indicate that a design registration has been applied for or that it has been granted the express, however, at the same time, an application or a registration number is required on request without delay to make a without prejudice to the information. If the notification does not specifically indicate that the registration is sought, or that the registration has been issued, but if it is capable of taking us towards the idea, the person concerned shall, on request, inform, whether applied or whether it has been granted.
Chapter 7 responsibility and liability under section 35 (21.4.1995/718) If someone infringes a design right, the Court may prohibit him from continuing or repeating the Act.
If infringement is done deliberately, the author must be condemned, if the Act is not punishable under section 2 of Chapter 49 of the Penal Code for the purposes of teollisoikeusrikoksena, the design right infringement to a fine.
The public prosecutor shall not result in an increase in the prosecution of a design right infringement, unless the owner has not indicated that the prosecution be placed in.
35 (a) section (21 July 2006/685), the Court may 35 an action referred to in subparagraph (1) of section dealing with the requirement of the holder of the right to impose a model of transmitter, server, or other device to an administrator or other intermediary service provider, subject to a penalty payment, to suspend the use of the model law to be defamatory of the alleged (injunction), unless it is unreasonable, having regard to the model law of the alleged infringer, the intermediary and the rights of the holder of the design right.
Before a 35 paragraph 1 of the complaint referred to in subsection, the Court may, on application by the holder of the design right to give an order of suspension, if the conditions set out in subparagraph (1) is subject to, and if it is apparent that the implementation of the rights of the holder of the design right would otherwise be seriously in jeopardy. The Court is to be reserved, as well as the person to whom the order is sought to be given, that the alleged infringing design rights, the opportunity to be heard. The order for service of the person to whom it is applied for, may be sent by post or fax, or e-mail. (31.1.2013/109)
The Court may, at the request of the temporary suspension order referred to in paragraph 2, without consulting the alleged any violations may result, if the urgency of the matter, it necessarily requires. The order is in effect until further notice. The alleged infringer an injunction is an order without delay, after the adoption of the opportunity to be heard. When the alleged any violations may result, the Court shall forthwith be decided whether the order or cancel it.
Under this section of the suspension order will not be compromised by a third party's right to send and receive messages. The suspension order shall enter into force on the date on which the applicant natural person who set the bailiff (705/2007) 8 the security referred to in article 2 of chapter. The possibility of setting up the security provided for in the code of released from Chapter 7, paragraph 7, of the ML. Under paragraph 2 or 3 of the suspension Ordinance shall lapse, unless referred to in subparagraph (1) of article 35 actions before the Court within one month of the adoption of the provision is increased. (31.1.2013/109)
As has been said, the suspension order is replaced by the person to whom the order was issued, as well as to the alleged infringer an injunction, the execution of the warrant, as well as the costs of the injury caused to the case, if article 35 as referred to in sub-section 1. dismisses the action as inadmissible or if the treatment or leave the old, therefore, that the applicant has withdrawn his application to the Court or not. The same is valid if the withdrawal or suspension pursuant to paragraph 3 of the order under paragraph 4 lapses. The replacement of the damage and the costs of the proceedings Chapter 7 Chapter 12.
section 36 Which, intentionally or negligently, infringes a design right shall be obliged to pay reasonable compensation for the use of the model as well as the compensation for the rest of the damage caused by an infringement has caused. If the fault is minor, can be adjusted to compensation for damage.
When the pattern of an infringement is not intentional or negligent, the infringer shall be obliged to compensate for the use of the model to the extent that it is considered reasonable.
The model on the basis of the infringement is damages must be brought within five years of the creation of the risk of injury, that the entitlement to the refund shall be lost.
Article 36 (a) (21 July 2006/685) of the infringement, the Court may, on the model of the civil case, the plaintiff's order, that the defendant must reimburse the costs incurred by the applicant, that the fact that he is, mutatis mutandis, to publish the final judgment, I was where the defendant is found to have infringed a design right. The order will not be issued if the dissemination of the information is in a law limited. When considering whether to order and the order of the Court shall take into account the contents of the publication of the general importance of the nature and scope of the infringement, the disclosure of the costs and other related issues.
The court orders the disclosure of which may be reimbursed the reasonable costs of the defendant. The applicant does not have the right to compensation if the judgment has not been made public within a period to be determined by a court judgment which has become final judgment.
Article 37 the requirement that a design right has been infringed, the Court may, as is considered reasonable, in order to prevent the infringement provided that the extended effects, which is contrary to the right of the second model has been manufactured or imported or object, the exercise of which includes in the manner set out in the model law, however, is to change or to be recovered for the remaining period of the model or to be disposed of, or, in the case of goods which have been imported or are tampered with, they release the emanation of the redemption. The foregoing shall not apply to the person who in good faith has the right to the said property or special, and not themselves are not infringed the design right.
The property referred to in subparagraph (1) above, may be seized, when 49 of the criminal code, section 2 of chapter 35 of this law, or of a crime can be assumed to have taken place. In this case, it is to be used, what the law provides for the seizure of the juge des libertés (806/2011). (July 22, 2011/862)
Notwithstanding the provisions of subsection 1, the Court may, if there are special reasons, if required, provide that the holder of the property referred to in subparagraph (1) to be controlled it for a reasonable consideration and otherwise reasonable conditions, the remainder of the term of protection, or a part of it.
section 38 (July 12, 2002/596) If someone after the application documents have become public, in violation of article 5 (a) the use of the template, in respect of which registration is sought, is a model of the infringement provisions to be applied, in the case of an application will lead to registration, however, so that he shall be condemned to punishment.
Compensation for the use, which occurred before the date of application for registration referred to in article 18 of the kuuluttamista, is to be applied, what article 36 lays down.
What is provided for in article 36, shall not be applied, if the action is brought within one year of registration of the design.
Article 39 if the registration of the design is not a final judgment, of the Penal Code, Chapter 49, section 2 or this law provided for in article 35 to 38 penalty, compensation, or other penalty be condemned. (21.4.1995/718) 2 L:lla 31.1.2013/109 is repealed.
40 section Which, intentionally or negligently, which is not a minor, fails to meet it, which he is required, according to article 34, will be punished with a fine.
The same punishment is also condemned the fact that, in the cases referred to in the said article gives the wrong information, subject to a penalty for an act not provided for in the criminal law.
Who is guilty of an offence referred to in this article shall be obliged to compensate for the damage suffered. If the fault is minor, can be adjusted to compensation for damage.
The public prosecutor shall not result in an increase in the prosecution of an offence referred to in this article, unless the owner is not notified of a crime to be prosecuted.
Chapter 8, section 41 the provisions of the Model Law, the owner or the one with the use of or on the basis of the compulsory licence has the right to use the template, you can run the proceedings on the basis of whether he protects against another, if there is confusion, and it has hurt him.
Under the same conditions to it, who carries on or intends to carry on the business of the holder of the design right, take proceedings against it, whether or not a particular design for this business.
(3) repealed by L:lla 31.1.2013/109.
Article 42 (31.1.2013/109) by section 42 is repealed by L:lla 31.1.2013/109.
43 section (31.1.2013/109) of this law are based on the issues of the dispute and the application in the market.
Article 33 (a) of the above mentioned Council Regulation as a court or Tribunal within the meaning of community design matters works with market law.
The processing of the application of the dispute and the issues in the market provided for in the Act on the right to start in the market.
43 (a) in the section (31.1.2013/109) of the indictment of the criminal code, Chapter 49, section 2 of the model law referred to in teollisoikeusrikoksesta of the Act, section 35 of the offensive: the offence referred to in paragraph 2, a design right, and the offences referred to in article 40 deals with the District Court of Helsinki.
In the context of the charge referred to in paragraph 1, the matter can be dealt with in the private prosecution of the offences referred to in article 36 and of the resulting from the 40 in accordance with the third paragraph of article 37, a claim for compensation in accordance with the requirement of the article notwithstanding section 43 provides.
The Court remains competent to investigate the requirement referred to in paragraph 2, even though the conditions of the perustaneissa there is a change in the requirement after the presentation.
Article 43 (b) (31.1.2013/109) 43 (a) referred to in article the right to obtain the opinion of the Court dealing with the matter, the registration authority shall apply to the right to start the market Court Act, Chapter 4, section 22 of the Act provides for the right to obtain the opinion of the law of the market.
Article 43 (c) (31.1.2013/109) in dealing with the matter referred to in article 43 (a) the District Court may be assisted by experts for a maximum of two on the right of the law on the market (99/13) referred to in article 7 (2) of the expert members.
The expert opinion of the District Court shall be given in writing to him to do. The expert shall have the right to put questions to the parties and the witnesses. Prior to the ruling of the District Court shall be reserved for the parties the opportunity to comment on the opinion of an expert.
The right to remuneration, shall apply to the market of an expert of the right under article 37 of the law on the expert's fee.
section 44 (31.1.2013/109) by section 43 (a) of the court seised of the case within the meaning of the obligation to notify, the solution to the registry authority, shall apply to the right to start the market Court Act, Chapter 4, section 23 provides for the right of the obligation to notify the market solution.
8 (a) in the figure (Dec. 3/1058) model of the international registration article 44 a (Dec. 3/10) for the purposes of the model through an international registration the International Bureau of the world intellectual property organization, hereinafter referred to as the kansainvälinentoimisto, the registration carried out by the model, which was submitted to the Geneva Act of the Hague Agreement concerning the international registration of industrial designs adopted on 2 July 1999, in accordance with the Geneva Act.
National Board of patents and registration of Finland on the international registration of industrial designs registration authority takes care of tasks, and keep a list of international registrations in force in Finland.
section 44 (b) (Dec. 3/1058), a Finnish citizen, or, which is the residence of the head office, place of business or a real and existing industrial or commercial establishment, an application may be made to the international register of an international registration to the Office or authority.
The registry authority of the application shall be sent to the International Bureau promptly. At the time of application, the applicant must carry out a registry authority submission fee.
section 44 c (Dec. 3/10) that the application for registration shall be made in writing as provided for in the Geneva document.
The application must specify the States or transnational organisations, within the territory of which protection is sought. At the time of application, the applicant shall make the payments provided for in the Geneva document to the International Bureau.
Article 44 (d) (Dec. 3/10) the international registration of a design right, which applies to the International Bureau of the registration of Finland, by the date has the same effect as a national application of this law. International registration shall apply, mutatis mutandis, to the provisions of this Act and the provisions adopted pursuant to it.
The international registration may be renewed at the International Bureau that is delivered to the application.
44 (e) of section (Dec. 3/10) When the notification of the international registration authority for the international registration, the Office and the Finnish registration authority shall examine whether the registration barrier.
If the registration authority finds that the international register in accordance with the conditions of registration of this law, it shall, in the notice to the International Bureau, that the the reasoned refusal of an international registration valid in Finland. Opt-out notice shall be submitted to the International Bureau within 12 months of the date of publication of the international registration.
The holder of the international registration is the opt-out after the announcement with the opportunity to submit its comments to the registration authority within the time limit specified by the or of renouncing the international registration in the case of Finland. If the holder of the registration opt-out disclosure statement is not presented as facts, on the basis of which in accordance with the conditions for registration of this model meet the law, the registration authority shall then take a decision, that the international registration in force in Finland, or it is only valid in part. The final decision to deny the registration in whole or in part is an announcement to the design right.
44 (f) section (Dec. 3/1058) If international registration is 18 (a) within the time limit laid down in article was the opposition, the International Bureau of the registration authority to send a notice of the reasons in section 44 (e) the time limit referred to in paragraph 2.
The registration holder shall be given the opportunity to provide a statement of claim within the time limit, after which the registration authority will investigate the claim. If the registration authority finds that the conditions for the registration of the registration in accordance with this law, it shall take a decision, that the international registration in force in Finland, or it is only valid in part. The registration authority shall reject the claim, if the international registration has not been in Finland.
If the registration authority under the argument that the international registration is not valid in Finland, or it is only valid in part, it makes it an entry in the face of a list. The final decision to deny the registration in whole or in part is an announcement to the design right.
Article 44 g (Dec. 3/1058), the registration authority shall be notified to the International Bureau in the international registrations in Finland.
If the template is removed from the international register, in whole or in part, the registration authority shall remove it, if necessary, which it judges to be in the list. The validity of the international registration in Finland, the right to speak, and on changes to the Model.
Article 44 (h) (Dec. 3/1058) where the holder of the international registration that does not have a registered place of business in the country of domicile in Finland, wants to give the registry authority, must be used in the European economic area resident agent.
Chapter 9 Miscellaneous provisions article 45 (Dec. 3/10) the holder of the design right, which does not have a registered place of business in Finland, must be a resident of the European economic area, which, in turn, have the right to take on the challenge of his communications, invitations, and other documents, model law, with the exception of matters relating to the challenge and in criminal matters, which the party is obliged to personally appear before the Court. The agent shall be notified to the register.
Article 46 of Regulation may be subject to reciprocity, to provide that the provisions of article 12 or 45 shall not be applied to the applicant, or the holder of the design right, which has its head office in a foreign State or which is in the State and in this country, which has a registered agent in the ' articles for.
Article 46 (a) (July 12, 2002/596) If the decision of the registration authority has not been served to the applicant, the opposing party or the holder of the design right at the address indicated in the registration authority, it may be served by a notice on the matter, published by the National Board of patents and registration of a design right.
Article 47 (July 12, 2002/596)
The renewal of the registration of the application for registration of the design, changing the community template, a template of the application or the international registration in connection with the submission of the application shall be subject to payment of a fee, renewal fee, the fee for changing the model, community model the application submission the application for international registration of the payment and delivery, as well as to the additional payment according to the quality of the contributions: class fees for each class of goods after the first one, yhteisrekisteröintimaksu for each model after the first payment of the model of the storage, service and public address after the payment for each frame by frame in the first photo, as well as various other aspects of the register of payment. The renewal fee, which must be paid after the period of the registration, the expense of the mass must be carried out. (Dec. 3/10)
Specifically provided for in this law, according to the charges.
Article 48 (Dec. 3/1058) detailed rules on the application for registration, the application sharing, publication of the registration in the registration application for processing, the model registration authority's tasks shall be provided to the State by means of a Council regulation.
The registration authority may lay down more detailed provisions on the processing of the registration application and its technical, matters relating to a registered design, the design from the register, as well as the model law, as well as other comparable technical tasks for the alert.
section 49 of this Act shall enter into force on 1 April 1971.
The change of the date of entry into force of the acts and application: 10.5.1991/802: this law shall enter into force on the date decreed.
THEY 232/90, another lvk. Mrs. 20/90, svk. Mrs. 330/90 of 26 June 1992/578: this law shall enter into force on 1 September 1992.
THEY'RE 25/92, 13.11.1992 TaVM 21/92/10: this law shall enter into force on 1 March 1993.
THEY 152/92, 18.12.1992 TaVM 35/92/1411: this law shall enter into force at the time of the decreed. (L 1411/92 came into force on 1 January 1994, in accordance with A 1342/93.)
THEY are 215/92, 21.4.1995 TaVM 46/92/718: this law shall enter into force on 1 September 1995.
THEY'RE 94/93, SuVM LaVM 22/94, 10/94 on 12 July 2002/596: this law shall enter into force on 1 August 2002.
This law shall also apply to registered prior to its entry into force, and the models, which are to be registered prior to the entry into force of this law on the basis of an application. Before the entry into force of this law on the basis of an application for the annulment of the registration of the registered design shall, however, at the time of entry into force of this law, the provisions in force.
The application for registration, that is made before the entry into force of this law, at the time of entry into force of this law will be addressed and will be resolved in accordance with the provisions in force.
At the time of entry into force of this law, if someone uses a model in this country in a way that is not in accordance with the provisions in force at the time of entry into force of the laws required the consent of the holder of the design right, may be he will continue to use, even if such consent is required by this law. Similar access is also given, which has taken the essential steps in order to use the template.
THEY'RE 6/2002 12/2002, EV, TaVM 77/2002, the European Parliament and Council Directive 98/71/EC; OJ No l L 289, 28.10.1998, p. 28 on 20 December 2002/1215: this law shall enter into force on 1 January 2003.
THEY 217/2002, TaVM 24/2002, EV 187/2002 implementing Council Regulation (EC) No 1782/2003 6/2002; OJ No l L 3; 5.1.2002, p. 1 on 21 July 2006/685: this law shall enter into force on 1 September 2006.
35 (a) of this law shall also apply to the dispute, which has been initiated before the entry into force of this law.
The dispute, which has been initiated before the entry into force of this law, shall be governed by this law 36 (a) the date of entry into force of this section, instead of the law, the provisions in force.
THEY LaVM 6/26/2006, 2006, EV 67/2006 05/14/2010/394: this law shall enter into force on 1 December 2010.
THEY'RE 102/2009, LaVM 2/2010, EV 21/2010 Dec. 3/10: the entry into force of this law provides for the regulation of the Council of State.
This law is in force in accordance with A 356/2011 may 2011.
At the time of entry into force of this law to pending applications for registration of the design shall be subject to the provisions of the Act. However, the applications for registration, the registration authority shall, in accordance with article 18 has already been saying, the entry into force of this law, will be addressed and will be resolved in accordance with the provisions in force.
Before the entry into force of this law may be to take the measures needed to implement the law.
THEY are 225/2008 TaVM 18/2010, EV 144/2010 to the/356: this Regulation shall enter into force on 1 May 2011.
July 22, 2011/862: this law shall enter into force on 1 January 2014.
THEY LaVM 44/222/2010, 2010, EV 374/2010 31.1.2013/109: this law shall enter into force on 1 September 2013.
The registration authority, a decision which is made before the entry into force of this law, in the event of an appeal, upon the entry into force of this law, in accordance with the provisions in force.
The application of the dispute, and the criminal case in the District Court, which has been initiated before the entry into force of this law, upon the entry into force of this law, are treated in accordance with the provisions in force.
Before the entry into force of the law can be taken in the implementation of the law.
THEY LaVM 15/124/2012, 2012, EV 158/2012