Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
Anyone who has made an invention, or the person to whom the inventor's right has been transferred, may, upon application, obtain the invention of utility model rights and thus the exclusive right to professional exploitation, according to the law provided for in this Act.
Inventiveness means a technical solution in this law, which can be used industrially. (8.12.1995/1996)
An invention shall not be considered merely:
1) discovery, scientific theory or mathematical method;
2) artistic creation;
(3) a plan, rule or method for intellectual activity, game or business, or a computer program; and
4) the presentation of information.
(8.12.1995/1996)Utility model law cannot be obtained:
1) an invention whose exploitation is contrary to morality or public order;
(2) plant varieties or animal breeds; and
3) methods.
(8.12.1995/1996)The invention must be new compared to what has become known before the date of submission of an application for a utility model and clearly distinguishes it. (7 NOVEMBER 2008)
It is understood that everything that has become public, whether through the writing or the presentation, is exploited or otherwise. Even before the date on which the application for a utility model was submitted, the application of the application for a utility model in that country, the application for a patent application and the application for a design right shall be deemed to be known, if that application is made by Article 18 of this Law, Patent law (550/1967) Or modelling law Article 19 of the ec Treaty Regulations are to be made public. The provision in paragraph 1 that the invention must clearly distinguish between what has become known before the date of submission of an application for a utility model shall not apply. (7 NOVEMBER 2008)
According to Article 45b and Article 45f, the application for the purposes of Chapter 8a is the same legal effect as the application for a utility model in that country. (8.12.1995/1996)
The utility model may be registered, even if the invention has been made public within six months of the date of application:
(1) in the case of a manifest irregularity which has been directed against the applicant or the person who is entitled to it; or
(2) in view of the fact that the applicant or the person from whom he is exercising his rights has placed an invention in an official or officially recognised international exhibition within the meaning of the international exhibitions agreement (SopS 36/37)
For the purposes of applying paragraph 2 in Munich on 5 October 1973, the Convention on the Grant of European Patents (European Patent Convention) (SopS 8/1996), hereinafter referred to as: European Patent Convention , the publication in accordance with Article 93 shall be assimilated to the public revenue of the documents relating to the application under Article 22 of the Patent Act. The above also applies to publication in accordance with Article 153 (3) of the European Patent Convention if the European Patent Office equates such publication with the publication of Article 93. (7 NOVEMBER 2008)
The exclusive right acquired by the registration of a utility model shall include, with the exception of the following exceptions, the fact that the proprietor of a non-utility model without authorisation may use the invention by providing, providing, escorting Exchange or use of a product which is protected by the utility model or by importing or holding such product for the purpose of the above.
The exclusive right also includes the fact that the holder of a utility model without authorisation may use the invention by offering or supplying to someone who does not have the right to exploit an invention, such an invention: In this country relating to a material invention, if the person who provides or provides the instrument, knows or should have known that the instrument is suitable and intended for the use of an invention. Where the instrument is a commonly traded goods, the above provisions shall apply only if the instrument which provides or provides an instrument shall seek to influence the consigliant in such a way as to take the exclusive right referred to in paragraph 1. For the purposes of the application of the provisions of this paragraph, the person who uses the invention as referred to in paragraph 3 (1) or (3) shall not be considered as entitled to exploit an invention. (8.12.1995/1996)
The exclusive right does not understand:
1) exploitation which is not professional;
(2) the exploitation of a product protected by utility model rights which has been exchanged within the European Economic Area by the holder of the utility model right or with his consent; and (18.12.1992/1410)
3) the use of an invention in experiments relating to the invention itself.
The provisions of Articles 4 and 5 of the Patents Act concerning the professional exploitation or exploitation of an invention by a foreign vessel, aircraft or any other means of transport to their needs shall apply mutatis mutandis to the invention referred to in this Act.
Application for a utility model which, in the twelve months preceding the date of its conclusion, has been submitted in the application for the registration of a patent or a utility model in Finland or for industrial property The Paris Convention for the Protection of the Protection of the Parties to the Paris Convention (SopS 5/1921) or a patent in another country or another customs territory which acceded to the Agreement establishing the World Trade Organisation (SopS 5/1995), Article 2 (1) and (2) shall be considered as: And Article 4 shall be applied simultaneously with an earlier application, if requested by the applicant. Such a privilege may also be obtained from an earlier application for protection if it does not mean a State or a customs territory which acceded to the aforementioned agreements and, where the previous application has been made, The corresponding prerogative and the legislation in force there is essentially in line with the abovementioned agreements.
The decree of the Council of State provides for the conclusion of the request referred to in paragraph 1 and its annexes.
Application for a utility model, hereinafter referred to as: Application for a utility model Shall be made in writing to the Patents and Registration Board, which shall act as the registry authority. In the case referred to in Chapter 8a, the application may also be made to the patent authority of another country or to an international organisation. The registration authority shall keep a diary of incoming utility models. (17/06/2015)
The application must include an explanation of the invention and the necessary images, and precisely what is intended to protect ( Protection requirement ). The decree of the Council of State lays down more detailed provisions on the pictures attached to the application. The explanation should be so clear that an invention can be used by a professional. Where biological material or biological material must be used for the purposes of the invention, Article 8a and Article 22 (6) and (8) of the Patents Act shall apply. (7 NOVEMBER 2008)
The application shall indicate the name of the inventor. Where a utility model is sought by a non-inventor, the applicant shall explain his/her rights to the invention.
For each application referred to in Article 6 (1):
1) the date of submission of the application and the application number;
(2) the classes of international patent classification to which the application is classified;
(3) the name, address and address of the applicant;
(4) if the applicant is represented by an agent, his name, domicile and address;
(5) Name and address of the inventor;
(6) the name of the invention;
(7) the date on which the patent application has been made or is deemed to have been made if the application has been obtained by the conversion of an earlier patent application;
(8) an indication of where an earlier application was made as a basis for the entitlement and the date and number of the application, if the privilege was requested;
(9) whether the application is a Finnish or an international application or an application for a European patent modified in accordance with Article 8 or 8a;
(10) the date of international action and the date on which the application has been extended in accordance with Article 45d, or when the application is made pursuant to Article 38 of the Patents Act, if the application is an international application;
(11) the date of submission of the European Patent Convention and the date on which the application has been made for conversion to the registry authority where an application has been converted into a national application for a European patent, in accordance with Articles 8 or 8a;
(12) the date of the original application and the date of conclusion if the application is made by dividing the application;
(13) the date number of the new application if a new application has been submitted by the distribution of the application;
(14) publication date, if the application dossier is made public pursuant to Article 18;
(15) the international application number if the application is an international application;
(16) the application number of the application for a European patent, where an application has been converted into a national application for a European patent, in accordance with Articles 8 or 8a;
(17) whether an application for an investigation pursuant to Article 12 is requested;
18) pleadings and payments made in the case; and
19) decisions taken in this case.
The entry referred to in paragraphs 2, 5, 6, 15, 16 and 18 shall be kept secret until the application for a utility model for labelling has become public in accordance with Article 18.
The explanation of the invention and the protection requirement shall be drawn up in Finnish or Swedish in accordance with the language legislation in force. When the protection requirement is only written in another domestic language, the registry authority shall ensure that the protection requirement is translated into one of these languages before the utility model is registered. The applicant shall pay a certified translation fee. If the applicant is a foreigner, the explanation of the invention must be drawn up in Finnish and Swedish. However, everyone has the right to produce an explanation and a protection requirement in Finnish and Swedish.
The applicant shall make a confirmed registration fee. (7 NOVEMBER 2008)
The registry authority shall provide a utility model for the date of the commission if:
(1) it is apparent from the application that it is an application for a utility model;
(2) the application contains information on the applicant or the authority may reach him; and
(3) the documents submitted in connection with the application contain what is to be considered as an explanation or description, or the application contains a reference to a previous patent or utility model application and the applicant has provided the information with a patent or The date of application of the utility model application, the application number and the patent or registry authority to which the application has been submitted.
If the applicant has not complied with the provisions of paragraph 1 in order to obtain a date, the applicant shall be invited to remedy the deficiencies within the time limit laid down by the registry authority. If the applicant has not remedied the deficiencies within the time limit or the applicant has not been able to reach the applicant within two months of the date of the application, no application shall be deemed to have been made.
If, within the time limit set out in paragraph 2, the applicant has corrected all the deficiencies in the application for the date of completion, the date on which all the deficiencies have been remedied shall be completed.
If the application, made in accordance with Article 7a, is incomplete and the registry authority finds that a partial or partial explanation of the application or of any of the elements referred to in the explanation or safeguard requirements shall be given to the applicant Its application within the time limit specified by the registry authority. If the missing parts are delivered within the given time limit, the date of conclusion shall be the date on which all the deficiencies have been rectified, subject to paragraphs 2 and 3.
If the subsequent parts submitted pursuant to paragraph 1 are withdrawn within one month of their submission, the original date of conclusion shall be the date of conclusion.
If the missing parts are supplied in accordance with paragraph 1 and an earlier application is requested and the missing elements are fully disclosed, the original date of conclusion shall be taken by the applicant, if the applicant so requests and submits a copy On the basis of the application, within the time limit laid down in paragraph 1.
An application for a utility model may also be made by converting pending patent application for the same invention or an application for a European patent pending a utility model application, in which case an application for a utility model shall be deemed to have been made On a date other than an application for a patent or a European patent. However, no conversion shall be made after 10 years from the date on which the application for a patent application or the application for a European patent is deemed to have been made. Such an application for a utility model shall otherwise be followed by the provision of an application for a utility model.
An application for a patent shall be lodged when it is converted into a utility model application unless the applicant chooses to withdraw the application for a patent.
In order to convert the patent application in accordance with Article 1 to a utility model application, the applicant shall, at the same time, or at the latest, pay the renewal fees due. If no renewal fees are made within the time limit, the application shall be lodged.
If an application for a European patent under the European Patent Convention is deemed to have been withdrawn from the date of receipt of the European Patent Convention to the European Patent Office, From the national registry authority, it shall be converted into a utility model application, at the request of the applicant, provided that:
(1) the request has been made to the national registry authority of the Member State of the Member State of the European Patent Convention which received the application for a European patent within three months from the date of notification by the European Patent Office to the applicant that the application Is deemed to be withdrawn;
(2) request to the registry authority, within 20 months from the date of submission of the application or the privilege, on request, from the date on which the privilege is requested; and
(3) the applicant shall make the application fee provided for and issue a utility model application within the time limit laid down in Article 7.
If an application for a European patent is to be deemed to have been withdrawn as a result of the fact that the translation of the application in its processing language has not been given to the European Patent Office within the prescribed period, it may, at the request of the applicant, be converted into national In accordance with Article 135 of the European Patent Convention, in accordance with Article 135 of the epc. In addition, the applicant shall pay the registration fee provided for in the registration authority and provide a translation of the utility model within the time limit laid down in Article 7. (7 NOVEMBER 2008)
Where an application for a utility model referred to in paragraphs 1 and 2 complies with the requirements for the form of an application for a European Patent Convention and its application rules, it shall be accepted in that regard.
The same application shall not seek a utility model for two or more independent inventions.
An application for a utility model may be distributed, at the request of the applicant, when a new application must be deemed to have been submitted at the same time as the original application.
Applicants and holders of a utility model right where there is no domicile in Finland shall be an agent resident in the European Economic Area who is entitled to represent him and to register on matters relating to the utility model.
Where a decision on a utility model or a registered utility model has not been notified to the applicant, the holder or the person lodging the invalidation notice to the address, service may be effected by means of an alert In the utility model submitted by the Patents and Registration Board. The notification shall be deemed to have taken place once the above measures have been taken.
An application for a utility model should not be altered to cover a utility model which did not appear in the original application.
The registry authority shall verify that the application complies with the requirements of Article 1 (2) to (4) and Articles 6 to 11. (7 NOVEMBER 2008)
The registration authority shall classify the application.
The applicant or, once the utility model has been entered in the register or has become public, any person may, in writing, request the registration authority to carry out a study to assess whether a utility model or The invention of the utility model application, the requirements of Article 2 (1). A confirmed payment shall be made for the investigation. (8.12.1995/1996)
If the applicant has not complied with the provisions relating to the application or the authority finds that there are other obstacles to the registration of the utility model, the applicant shall, in the interim decision, call on the applicant to make a statement or to correct the deficiency.
If, within the period provided for in the Interim Decision, the applicant does not give a statement or take steps to remedy the inadequacy which has been noted, the application shall be submitted to it. The interim decision adopted pursuant to paragraph 1 shall include the notification of this sanction.
An application lodged at the same time shall be retabled if, within two months of the expiry of the period laid down in the Interim Decision, the applicant shall request and give its opinion or take action to correct the inadequacy and To carry out a confirmed reprocessing fee. A retrial can only take place once.
If, after the applicant's statement, there is still an obstacle to the registration of the utility model and the applicant has had the opportunity to give its opinion, the application shall be rejected unless there is a reason to give the applicant a new intermediate decision.
If someone submits to the registration authority that he has a better right to an invention than the applicant, and if it is considered to be unclear, the Authority may, in the interim decision, request him to appeal to the Court of Justice, at the risk of a period of time The claim is disregarded.
If a dispute is pending before a court on better law-making, the application for a utility model application may be suspended until the matter has been finally resolved.
If any of the registries appears to have a better right to the invention than the applicant, the registrant shall be required to transfer the application to him. At the same time, he must pay a new registration fee.
Before the transfer requirement has been definitively settled, the application shall not be left, rejected, accepted or withdrawn.
If the application fulfils the requirements of Article 1 (2) to (4) and Articles 6 to 11, the utility model shall be entered in the utility model. Registration shall be issued and a registration certificate shall be issued to the applicant.
When an application for a utility model has become public, the registration authority shall publish a claim for protection in Finnish and Swedish. The publication shall be published in electronic form. The contents of the claim form are governed by the Government Decree.
The documents relating to the application shall be made from the date of public registration, or at the latest 15 months after the date on which the application has been made or deemed to have been made, or, where the privilege is requested, from the date of the benefit.
At the request of the applicant, registration may be deferred for a maximum period of 15 months from the date on which the application has been made or deemed to have been made, or, if the privilege is requested, from the date of the benefit. Where an application has been lodged or rejected, the documents shall be made public only if the applicant requests the application to be re-tabled or appealed against the decision rejecting the application. A confirmed payment shall be made for the suspension of the registration.
At the request of the applicant, the documents shall be made public earlier than the first subparagraph.
The registration of a utility model shall be declared invalid, in whole or in part, as a result of the requirement of:
(1) registration means an invention which does not satisfy the requirements laid down in Article 1 (2) to (4) and Article 2;
(2) registration means an invention which is not so clearly stated that a professional may be used by a professional;
(3) the utility model shall be governed by a utility model which did not determine the original application;
(4) the application for a patent application as a utility model has not complied with the requirements laid down in Articles 8 or 8a; or
(5) the protection requirement has been extended after registration of utility model law.
(7 NOVEMBER 2008)The requirement for a declaration of invalidity can be made by anyone. The requirement shall be made in writing to the registry authority and shall indicate the elements on which the claim is based. The requirement shall be made by the taxable person. Unless payment is made, the claim shall not be admissible. (7 NOVEMBER 2008)
The requirement to declare registration null and void shall not be dealt with if the dispute over the transfer of registration is pending.
The registry authority shall inform the holder of the utility model of the right to the utility model and provide him with an opportunity to give his opinion within the time limit. If the holder presents a restriction on the protection of the protection sector, he shall submit to the registry authority a new protection requirement within the same time limit.
If the holder of the utility model is opposed to the requirement, the registration authority shall examine the claim for annulment. Where a new protection requirement is submitted by the holder of the utility model, the registrant shall examine the invalidation requirement on the basis of the new protection requirement submitted.
If, within the time limit, the holder of the utility model is not opposed to the cancellation requirement, the registration shall be declared void.
The registration authority shall declare the registration of the utility model null and void if it is subject to the criterion laid down in Article 19 (1). If the holder of the utility model has submitted a new protection requirement, it shall be annulled.
If, in the case of a new protection requirement provided by the holder of the utility model right, there is no justification for the annulment provided for in Article 19 (1), registration shall be maintained in accordance with the new protection requirement. In this case, the registration authority shall publish a new publication of the protection requirements.
If the registration is declared null and void, the decision shall be subject to the law of the law.
The applicant or the holder of a utility model shall be able to appeal against a final decision on the registration or invalidity of the utility model if the decision is unfavourable to him. Any person who has submitted a claim to declare the registration of a utility model null and void may appeal against the decision rejecting the claim.
A decision rejecting the application as referred to in Article 13 (3) has been rejected or the request for the transfer of the application referred to in Article 16 has been rejected, the applicant may appeal. The decision to reject the application has been rejected, the holder of the claim may appeal.
The applicant or the holder may apply for a change to the final decision of the registry authority where the motion referred to in Article 26a (1) to (3) has been rejected or inadmissible. (7 NOVEMBER 2008)
The holder may lodge an appeal against the final decision of the registry authority in accordance with Article 33 (1), if it is negative to him. (7 NOVEMBER 2008)
The decision to conclude a decision under this law by the registry authority under this Act shall be the subject of a market law, as laid down in the Act on the Government of patents and Registration (175/1992) Provides.
Processing by market law of the complaint referred to in paragraph 1 shall be governed by the law on proceedings in market law (100/2013) .
L on a patent and registration board 575/1992 Has been repealed by L for the Patents and Registration Government 578/2013 .
The protection requirement determines the extent of the utility model. An explanation and images can be used when interpreting the safeguard requirement.
The registration of the utility model shall be valid for four years from the date of application of the utility model application and may be renewed twice, first four and then two years.
The fee for the renewal of the registration expires on the last day of the month in which the registration period ends. The renewal fee may be paid within six months of the due date. After the registration period for the authorisation, the renewal fee shall be payable with the fixed increases. The renewal fee shall not be paid earlier than the year before the maturity date. (7 NOVEMBER 2008)
The renewal of the registration shall be subject to registration.
If the applicant or the holder of a utility model has suffered a loss of justice due to the fact that he or she has not carried out the measure within the period prescribed by this law or within the prescribed period, but has acted with such care as: The circumstances require a period of time to comply with and complete the measure within two months of the end of the barrier, but no later than one year after the expiry of that period, the registry authority shall consider the measure within the time limit. The applicant or the holder of a utility model shall make a written submission to the registration authority within the prescribed period and make a fixed fee.
Where the applicant of a utility model has suffered as a result of the period laid down in Article 5 (1), but has lodged an application within two months of the end of the preceding year, the provisions of paragraph 1 of this Article shall apply to: Only if the presentation was made and the payment was made within the same two-month period.
In the case of an international patent application, which has been extended as a utility model in Finland, paragraphs 1 and 2 shall also apply in the case of a time limit which should have been respected in the host authority, international In the research authority, in the field of international patentability, or in the International Bureau of the World Intellectual Property Organisation. The operation shall then be carried out in the registry authority.
However, the presentation made in accordance with paragraphs 1, 2 or 3 shall not be rejected or inadmissible before the applicant or the holder of the utility model right has been given the opportunity to give its opinion in the course of the The deadline.
If the motion in accordance with Article 26a (1) to (3) has been approved and the application for further consideration has been made public, the application for a utility model which has been submitted to it or rejected, or a utility model shall be deemed to have been reintroduced, shall: This should be included.
The utility model may be transferred to another.
When a person has been given the right to use an invention in a professional manner (a licence), he may only surrender his rights only if it has been agreed.
However, when a licence is issued, it will be released with the movement, unless otherwise agreed. In this case, the donor will continue to be responsible for compliance with the terms of the licence.
When the utility model has been transferred to the other or the licence has been released, it shall be entered in the utility model register at the request of the fixed fee. The same applies to the pledge of the utility model. If it is shown that the licence or the lien has ceased to be valid, the entry shall be deleted from the register.
Paragraph 1 shall apply mutatis mutandis to the compulsory licence and to the right referred to in Article 32 (1).
In the case of disputes relating to the utility model and in other cases, it is considered to be the holder of a utility model, the one that was last marked in the utility model register.
When someone has asked it to be entered in the Register, that the utility model has been transferred to him or that he has obtained a licence or a lien on the utility model and, if he was in good faith in relation to his right, no An earlier transfer of a utility model or utility model to another is not in force against him unless one of them had previously requested that he be registered in a utility model.
When two years have elapsed since the registration of the utility model and the invention is not used or made available in Finland to a reasonable extent, the person who wishes to use the invention to obtain it shall be subject to the compulsory licence, unless the invention is not used There is an acceptable reason for leaving. (22.12.1995/1996)
The provisions of Articles 46 to 50 of the Patents Act concerning the exploitation of an invention protected by a patent are in line with the utility model.
Where a utility model is registered in accordance with Article 1, it shall be transferred to him by a court of law which is justified by the utility model.
The action shall be instituted within one year of receipt of the applicant's information on the registration and other grounds on which the application is based. If the holder of the utility model has been in good faith when a utility model was registered or transferred to him, the application shall not be initiated later than three years after registration of the utility model.
If the person whose registration is transferred in accordance with Article 31 has been in good faith in the professional use of the utility model in that country or in taking the relevant measures for that purpose, he shall receive reasonable consideration and Otherwise, on reasonable terms, continue the exploitation of the utility model or initiate the intended exploitation by maintaining its overall character. Such a right shall be subject to equivalent conditions by the holder of the licence in the register.
The right referred to in paragraph 1 may be transferred to another person only with the movement in which it is used or intended to be exploited.
If the proprietor of the utility model is informed in writing of the registration, the registrant shall remove the utility model from the register. The renunciation shall take effect from the date of the application for a utility model. (7 NOVEMBER 2008)
Where a utility model is foreclosed or there is a lien or a dispute concerning the transfer of a registration to another is pending, the utility model shall not be removed from the register at the request of the holder as long as the foreclty Or the lien or dispute has not been definitively settled.
Once the registration of the utility model has been passed on to the other, the registrar shall be subject to the registration.
The provisions of Article 56 of the Patents Act concerning the notification requirement for a patent are applied mutatis mutandis to the utility model.
If an individual infringes the exclusive right conferred by the utility model, the court may prohibit him from continuing or repeating the act.
At the request of the proprietor of a utility model, the Court of Justice may, at the request of the proprietor of a utility model, order the operator, the server or any other supplier of such equipment, on pain of the fine of the operator or other service provider. Halt the alleged use of the utility model ( Suspension order ), unless it can be considered disproportionate, having regard to the rights of the alleged infringer of the utility model, the intermediary and the holder of the utility model.
Before bringing the action referred to in Article 36, the Court of Justice may, on application by the proprietor of a utility model, issue a suspension order if the conditions laid down in paragraph 1 are fulfilled and, if it is apparent that the utility model The rights of the holder would otherwise be seriously compromised. The court shall reserve both the addressee of an order and the person who is alleged to infringe the utility model, the opportunity to be heard. The notification to the person to whom an order has been requested may be submitted by post or by fax or e-mail. (31.1.2013/105)
The court or tribunal may, upon request, issue a suspension order referred to in paragraph 2 as a temporary violation of an alleged infringer, if the urgency of the case necessarily requires it. The order shall remain in force until further notice. After the issuing of the order, the alleged infringer shall without delay provide an opportunity to be heard. Once the alleged infringer has been heard, the court shall, without delay, decide whether to maintain or withdraw the order.
The suspension order issued pursuant to this Article shall not jeopardise the third right to send and receive messages. The suspension order shall enter into force when the applicant puts an end to the enforcement order (705/2007) The security referred to in Article 2. The possibility of release of the security is provided for Chapter 7 of the Court of Justice Article 7. A suspension order issued pursuant to paragraphs 2 or 3 shall lapse unless the action referred to in Article 36 is brought before a court within one month of the adoption of the order. (31.1.2013/105)
The suspension order shall be replaced by the person to whom the order has been issued, as well as the damage caused to the alleged infringer, and the costs incurred, if the action referred to in Article 36 is rejected or dismissed. Without examining the case, or if the case is left on the ground that the claimant has withdrawn or failed to appear before the Court. The same shall apply if the suspension order pursuant to paragraph 3 is withdrawn or lapse pursuant to paragraph 4. Compensation for damages and expenses shall be brought in accordance with Article 12 of Chapter 7 of the Court of Justice; Provides for.
Any person who intentionally or negligently infringes the utility model shall be obliged to pay a reasonable fee for the use of the invention and compensation for any other damage caused by the infringement. If the production is limited, the compensation may be adjusted.
When an infringement of a utility model is neither intentional nor negligent, the infringer is obliged to pay compensation for the use of the invention to the extent that it is considered reasonable.
In the light of the infringement of the utility model, compensation for damage may be required only for the last five years prior to the initiation of the action. The right to compensation for damage which has not been brought forward within a period of time has been lost.
The provisions of Article 59 of the Patents Act concerning measures to prevent further infringement are applied mutatis mutandis to utility models.
In the dispute concerning the infringement of the utility model, the Court of Justice may, at the request of the applicant, order that the defendant be required to reimburse the costs incurred by the applicant as a result of the fact that he was able to publish information on the validity of the judgment, Where the defendant was found to have infringed the utility model. Such a provision shall not be allowed where the dissemination of information is restricted by other law. When considering the issuing of an order and the content of the order, the court should take into account the general importance of the publication, the nature and extent of the infringement, the costs of the publication and the other considerations.
The court orders the maximum amount of reasonable publicity costs to be reimbursed by the defendant. The claimant shall not be entitled to compensation if the information on the judgment has not been published in the period prescribed by the court.
Anyone who deliberately violates the exclusive right produced by the utility model must be condemned, unless the act is punishable. Article 49 (2) of the Penal Code As a criminal offence within the meaning of the On the utility model offence Fine. (21.4.1995/720)
The prosecutor may not press charges for the offence referred to in paragraph 1, unless the plaintiff has declared the offence to be committed. (13.5.2011/484)
Any person who, on purpose or negligence, fails to comply with what he is obliged to do in accordance with Article 35 shall be condemned: Non-compliance with the obligation to notify the utility model Fine.
The same punishment must also be condemned by the person who, in the cases referred to in the article, gives false information, unless the offence is punishable by criminal law.
The prosecutor may not press charges for a criminal offence within the meaning of this article unless the plaintiff has declared the offence to be charged. (13.5.2011/484)
If the registration of the utility model has been declared null and void, the registration of the utility model shall not: Article 49 (2) of the Penal Code Or the penalty, compensation or other penalty provided for in Articles 36 to 39 of this Act may be condemned. (21.4.1995/720)
Paragraph 2 has been repealed by L 31.1.2013/105 .
§ 42 has been repealed by L 31.1.2013/105 .
The dispute and application cases under this law are dealt with in market law.
The processing of disputes and application cases in market law is governed by the law on the conduct of the court.
Charge Chapter 49 of the Criminal Code An infringement of the utility model law, as referred to in Article 2, and a violation of the utility model referred to in Article 39 (1) of this Law and the offence referred to in Article 40 of this Act shall be dealt with by the Helsinki District Court.
In the case referred to in paragraph 1, the claim for compensation under Article 37 and Article 59 of the Patents Act, as referred to in Article 38, may be treated as a result of an offence referred to in paragraph 1 and notwithstanding Article 43.
The court or tribunal shall remain competent to examine the requirement referred to in paragraph 2, even if, in the circumstances of the establishment of the powers, a change occurs after the request has been made.
The Court of Justice's right to seek an opinion from the competent court in respect of the case referred to in Article 44 shall be subject to the application of Article 22 of Chapter 4 of the Law on the Rights of the Child on the right to ask for an opinion.
When considering the matter referred to in Article 44, the District Court may be assisted by a maximum of two of the (99/2013) The expert referred to in Article 7 (2).
The expert shall issue a written opinion on the questions raised by the district court. The expert shall have the right to question the parties and witnesses. Before a decision is taken, the district court shall provide the parties with the opportunity to rule on the expert's opinion.
The remuneration of the expert is governed by Article 37 of the Law on Market Law, which provides for the remuneration of a member of the expert.
The Court of Justice's obligation to inform the competent authority of a decision on the matter referred to in Article 44 shall be subject to the application of Article 23 of Chapter 4 of the Law on the Law of the Law on the Rights of the Child. Notify the solution.
§ 45 has been repealed by L 31.1.2013/105 .
An international application refers to an application for a utility model drawn up by the law in accordance with the Patent Cooperation Agreement (Treaty).
An international application shall be made to the registry authority or to an international organisation which, according to the Patent Cooperation Agreement and its application rules, is entitled to receive such an application (the receiving authority). In Finland, the authority of the host authority shall be the government of patents and registries as provided for by the Regulation. For an international application for a utility model in Finland, the applicant shall make the fees fixed.
Unless otherwise provided for in Articles 45b to 45d or 45f, the examination of an international application for a utility model with Finland shall be governed by the provisions of Chapter 3 of the Patents Act concerning the examination of an international patent application. (7 NOVEMBER 2008)
An international application for a utility model, which has been confirmed by the receiving authority on an international day, will have the same effect in Finland, rather than on a Finnish utility model application made on the day. The second sentence of Article 2 (2) concerns an international application only if the application has been extended in accordance with Article 45d.
An international application for a utility model shall be considered to be withdrawn for Finland in the cases referred to in Article 24 (1) (i) and (ii) of the Patent Cooperation Agreement.
If an applicant wishes to continue an international application for a utility model in respect of Finland, he shall, within 31 months of the international day, or, if the privilege is requested, the date on which the privilege was requested, A copy of the application, or, if the application has been drawn up in Finnish or Swedish, a copy of the application. During the same period, the applicant shall pay a confirmed registration fee to the registry authority.
If the applicant has completed the prescribed registration fee within the time limit laid down in paragraph 1, he may issue the required translation or a copy within two months, provided that the additional premium fixed is carried out in accordance with Article Within the deadline.
If, in the case referred to in paragraph 1, the application does not comply with the conditions laid down in this Act, the applicant may, within two months of the period referred to in paragraph 1, apply for the application of the rules for the application of the Patent Cooperation Agreement The provisions on form and content. If the applicant fails to comply with the provisions of this Article, the application shall be deemed to have been withdrawn for Finland.
Article 45e has been repealed by L 7.11.2008 .
Where an international application has been extended in accordance with Article 45d, the application and the provisions of Char 2 and 5 shall apply, save as otherwise provided in this Article or in Articles 34 to 38 of the Patents Act. Applications may only be submitted at the request of the applicant before the expiry of the period laid down in Article 45d (1) of this Act.
The obligation laid down in Article 10 for the applicant to have an agent resident in the European Economic Area does not begin until the application is admissible.
After 18 months after the application has been made, or, if the privilege has been requested, the date of interest and the applicant has fulfilled its obligation under Article 45d to issue a translation of the application or when the application was drawn up in Finnish or Swedish, The applicant has submitted a copy of the application to the registry authorities, the documents relating to the application have been made public even before the applicant has continued the application.
The fees charged under this Act shall be laid down separately.
More detailed provisions on the utility model application, the utility model register and its maintenance, as well as the functions of the registry authority, are laid down by a Council Regulation. The registration authority may provide more detailed technical provisions for a utility model application. The provisions may relate to the application for a utility model and its handling, registration, amendments and deadlines as well as other such technical issues.
The provisions of Article 75 of the Patents Act on the obligation to give up the right to an invention in certain cases and the compensation to be paid for it shall be applied accordingly to the utility model.
Inventions that are relevant to the defence of land are laid down separately. (8.12.1995/1996)
This Act shall enter into force on the date of the Regulation.
An application made before the law enters into force does not constitute the basis of the privilege referred to in Article 5.
According to Article 8, a patent application made or deemed to have been made before the entry into force of this Act cannot be converted into a utility model application.
HE 232/90, second Ivhms. 20/90, svk.M. 330/90This Act shall enter into force at the time laid down by the Regulation. On 1 January 1995, L 1410/1992 came into force on 1 January 1995.)
THEY 215/92 , TaVM 46/92
This Act shall enter into force on 1 September 1995.
THEY 94/93 , LaVM 22/94, SuVM 10/94
This Act shall enter into force on 1 January 1996.
This law shall apply to applications made after its entry into force.
THEY 47/95 , Case 14/95, EV 46/95
This Act shall enter into force at the time laid down by the Regulation. However, Article 5 (1) and Article 30 (1) of this Law shall enter into force on 1 January 1996. On 1 March 1996 L 1696/1995 came into force on 1 March 1996.
THEY 161/95 , TaVM 29/95, EV
This Act shall enter into force on 1 September 2006.
Article 36a of this Act also applies to a dispute brought before the entry into force of this Act.
The proceedings brought before the entry into force of this Act shall be subject to the provisions in force at the time of entry into force of this Act, instead of Article 38a of this Act.
THEY 26/2006 , LaVM 6/2006, EV 67/2006
This Act shall enter into force on 1 December 2008.
2. Upon the entry into force of this Act, the pending utility model applications and registered utility model rights, as well as the utility model rights registered before the entry into force of this Act, shall apply to: Provisions of the law, subject to paragraphs 3 to 5.
3. Articles 7a and 7b of this Act shall apply to an application for a utility model which has been or shall be deemed to have been concluded on or after the date of entry into force of this Law.
4. Article 17 (2) of this Act applies to the application for a utility model that has been submitted after or after the date of entry into force of this Act.
5. Article 26 (1) of this Law shall apply to a renewal fee due to or after the date of entry into force of this Act.
6. Before the entry into force of the law, measures may be taken to implement the law.
THEY 56/2008 , TaVM 12/2008, EV 83/2008
This Act shall enter into force on 1 December 2010.
THEY 102/2009 , LaVM 2/2010, EV 21/2010
This Act shall enter into force on 17 May 2011.
THEY 286/2010 , LaVM 34/2010, EV 311/2010
1. This Act shall enter into force at the time of the Council Regulation.
This law is valid for A 1098/2011 As from 1 November 2011.
2. The provisions of Section 6a of this Act shall apply to the application for a utility model which has been or shall be deemed to have been made at or after the date of entry into force of this Law.
3. Before the law enters into force, action may be taken to implement the law.
THEY 175/2010 , TaVM 51/2010, EV 359/2010
This Regulation shall enter into force on 1 November 2011.
This Act shall enter into force on 1 September 2013.
The decision of the registry authority concluded before the entry into force of this Act shall be brought in accordance with the provisions in force at the time of entry into force of this Act.
The dispute, application and criminal proceedings brought before the District Court before the entry into force of this Act shall be treated in accordance with the provisions in force at the time of entry into force of this Act.
Before the law enters into force, action can be taken to enforce the law.
THEY 124/2012 , LaVM 15/2012, EV 158/2012
