The Law On Utility Model Rights

Original Language Title: Laki hyödyllisyysmallioikeudesta

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1991/19910800

In accordance with the decision of Parliament: Chapter 1 General provisions article 1 of It, which has made the invention, or the one in which the inventor's rights is shifted may qualify, on application for a utility model the right to the invention, and thus the exclusive right to the exploitation of it, as this is required by law.
Invention for the purposes of this Act a technical solution, which can be used for industrial application. (8.12.1995/1396)
An invention is considered to be only: 1) discovery, scientific theory or mathematical method;
2) artistic creation;
3) plan, rule or method for performing mental acts, playing, or for business purposes, or a computer program; and 4) the presentation of the data.
(8.12.1995/1396) A utility model the right to not be able to get: 1) an invention whose exploitation is morality or contrary to public policy;
2) plant varieties or animal breeds; instead of 3).
Article 2 (8.12.1995/1396) the invention must be new compared to what has come to be known before the filing date of the utility model and the addition of clearly separate from it. (on November 7, 2008/700)
Known to all, what has become public, either through the exploitation of the writing or presentation, or in any other way. Also, prior to the filing date of the utility model law in this country, the right of the application for a utility model, the patent application and the content of the application shall be deemed to be known, the model law where the application of this law, the patent law, article 18 (550/1967), or a design right (221/1971), according to the provisions of article 19. The provision in subparagraph (1) above, according to which an invention is clearly differ from that which has become known before the filing of the utility model law, does not apply. (on November 7, 2008/700)
As 45 (b), and article 45 (f), 8 (a) for the purposes of an application referred to in Chapter 2 of the competition act the same legal effect as the undertaking shown in this country by means of a utility model application. (8.12.1995/1396)
The utility model can be registered, even if the invention within a period of six months before the application was made public as a result of a manifest abuse: 1), which has been subject to the applicant or to the fact that this will lead to the right; or 2) as a result of the fact that the applicant or the fact that this will lead to the right, has been officially recognised in the official or the invention exhibited at the international exhibition, which refers to the agreement on the international exhibitions (Treaty Series 36/37).
For the purposes of subsection 2 in Munich on 5 October 1973 on the grant of European patents (European Patent Convention), of the Convention (Treaty Series 8/1996), hereinafter referred to as the European Patent Convention, in accordance with article 93 shall be treated as the publication of the patent application in accordance with section 22 of the documents relating to the julkiseksituloon. The foregoing also applies to the European Patent Convention in accordance with article 153 of the publication if the publication of the European Patent Office in accordance with article 93 of such publication to equate. (on November 7, 2008/700) the registration of the utility model section 3 of the achieved the exclusive right subject to the below, that contains other than the proprietor of the utility model without the use of an invention with a view to this permission, by providing, by whomsoever issued, or by using a utility model the right to secure the product or by importing country, or the possession of this kind of product for the purposes above.
The exclusive right also includes the fact that other than the proprietor of the utility model without this authorisation may not be used for the benefit of the invention by providing or submitting to someone who is not entitled to use the invention, a medium of the invention in this country, which is one of the essential, if an invention consists in the fact that offers or supplies on the basis of the conditions of the instrument, know or should have known, that the instrument is suitable for and intended for the invention of the käyttämiseeen. If the instrument is commonly traded in the trade, only if it provided for above shall apply, which offers or provide media, seek to influence the recipient in such a way that the exclusive right referred to in subparagraph (1), this would take the offensive. For the purposes of applying the provisions of this article does not constitute a legitimate invention that in favour of subparagraph (3) (1) or to use the invention within the meaning of paragraph 3. (8.12.1995/1396)
The exclusive right does not include: 1), which is not a professional;
the right of a utility model 2) the exploitation of a product in the European economic area, which may have been placed on a utility model by the right-holder or with his consent; and (18.12.1992/1410) 3) the use of an invention, the invention of the self.

section 4 What patent law article 4 and 5 is the exploitation of the invention provided for professional or the exploitation of a foreign vessel, aircraft or other vehicle to their needs, within the meaning of this Act shall apply mutatis mutandis to the invention.

section 5 (on November 7, 2008/700) the application for a utility model right to which the meaning of invention is the filing date of the previous 12 months, the registration of the grant of a patent or an application for a utility model, or of 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 the customs territory of the other Contracting State or in an inventor's certificate, or by a patent, the application for utility model protection shall be deemed to be 2 of the competition act as well as article 4 1 and 2 of the to have been made at the same time the purposes of the earlier application prior to, if the applicant so requests. Such a privilege can be used to get the previous protection of the application, if it is not the first of these agreements, the customs territory of the United States, or, and if there, where the earlier application was filed, shall be granted on application by the Finnish equivalent of the privilege and the legislation in force, is essentially in line with the agreements mentioned above.
The State Council regulation on the conclusion of the request referred to in paragraph 1 and its annexes.
Chapter 2 the utility model application and the application for the utility model section 6 of the law, hereinafter referred to as the utility model application shall be made in writing to the Board of patents and registration of Finland as an authority, which operates the registry. An application may be made (a) in the case referred to in section 8 of the patent authority of another country or an international organisation. The registry authority shall keep a journal of the received applications for utility models. (17 June 2011/744)
Such application shall contain a description of the invention and the pictures, as well as accurately expressed in it, what you want to protect (protect). The State, which shall be annexed to the application of the provisions of the Council regulation provides more precise images. An explanation will be so clear that a skilled worker may, on the basis of use of the invention. If the invention relates to the implementation of the biological material biological material shall be used or an invention, shall apply to the 8 (a) of the patent law and section 22 of the 6 and 8. (on November 7, 2008/700)
The application shall contain the inventor's name. If the right of the inventor of the utility model, the applicant is applying for other than to sort out the right to an invention.

section 6 (a) (17 June 2011/744), as referred to in subparagraph (1) of section 6 of the journal shall be recorded for each application: 1) the date of filing and the file number;
2. in accordance with the international patent classification categories) on which the application is classified;
3 the applicant's name, domicile and) address;
4) if the applicant is represented by an agent, the name, domicile and address;
5) the name and address of the inventor;
6) the title of the invention;
7) the date on which the patent application was made or the person shall be deemed to have been adopted in the past, in the case of an application for a patent has been obtained by converting the application;
8) as a basis for the priority of the earlier application was indicated, as well as the date and number of that application, if the privilege has been requested;
9) indication of whether the application is a Finnish or international application or 8 or an 8 (a) in accordance with § the application for a European patent application converted into a utility model;
10) the international filing date and the date on which the application is, in accordance with article 45 (d) or from the date on which the application is section 38 of the patent law was, if the application is an international application;
11) comply with the filing date of the European Patent Convention and the date on which the application is made to the registry authority, if the application for conversion is an 8 or an 8 (a) in accordance with the section of the application for a European patent into a national application converted to;
the number of the original application, the journal 12) and the date of filing if the application is made by dividing;
the number of new applications, the journal 13) if application sharing is the emergence of a new application;
14) julkiseksitulopäivä, where the application documents according to section 18 come to the public;
international application number 15), if the application is an international application;
an application for a European patent application number 16), if the application is an 8 or an 8 (a) in accordance with the section of the application for a European patent into a national application converted to;
17) indication of whether the application requested in accordance with article 12 of the research;
18) the Inbox letters and payments; as well as the decisions of 19).

Under paragraph 1, 2, 5, 6, 15, 16 and the endorsement referred to in paragraph 18 is the secret to keep, until an application for a utility model shall become public in accordance with article 18.

section 7 a description of the invention and the claims must be drafted in Finnish or in Swedish, the language of the legislation in force. When the second protection claim has been prepared as a domestic language, the translation of the registration authority shall ensure protection of the claim to another of these languages before the utility model is registered. The applicant shall be carried out in fixed version. If the applicant is a foreigner, a description of the invention shall be drawn up in English and in Finnish and Swedish in the protection requirement. Everyone has the right to draw up a description of the invention and claims both in English and in Swedish.
The applicant shall be carried out in fixed registration fee. (on November 7, 2008/700), section 7 (a) (on November 7, 2008/700) the registry authority gives the date of the utility model application, if: 1), the application shows that it is a utility model application;
the application for the applicant or 2), the authority may reach out to him; and 3) in the context of the application documents contain the things that must be considered by way of explanation or a picture, or the application is a reference to the earlier application for a patent or utility model on the date of the application the applicant is given the information in the patent or utility model after the date of filing, the application number, as well as in the patent or registration authority, for which the application is made.
If the applicant has not complied with the provisions of paragraph 1, in order to obtain the date, be issued to the applicant an invitation to correct the deficiencies within the period adopted by the registration authority. If the applicant has not corrected the deficiencies within a time limit, or it has not been possible to reach out to the applicant, within two months from the date of the application shall be deemed to have been made by the application, not the arrival.
If the applicant is corrected within the time limit laid down in paragraph 2, all applications were submitted in order to obtain a date of filing, the shortcomings of the date will be the date on which all the deficiencies are remedied.

7 (b) of section (on November 7, 2008/700) in the case of an application that has been made in accordance with article 7 (a), is incomplete and the registration authority finds that the explanation of the application or of the images is missing part or parts to which reference is made to the explanation or protection requirements, to be issued to the applicant, the call to complete the application within the time limit by the registration authority. If the missing parts are delivered within the set deadline, the date will be the date on which all the deficiencies are remedied, subject to article 2 and 3.
In accordance with paragraph 1, if the later parts of the submitted will be cancelled within one month of the date of their submission, will be filing date of the original filing date.
If you are missing parts will be delivered in accordance with paragraph 1, and the priority of the earlier application are invited and will be about the missing parts of the whole, the filing date of the original filing date, if the applicant so requests, and shall send a copy of the claim to the underlying application within the period laid down in paragraph 1.

section 8 (on November 7, 2008/700) the utility model application may also be made by converting the same invention on the pending patent application, or an application for a utility model patent pending application, which the utility model application shall be deemed to have been adopted on the same date as the application for a patent application or a European patent. The conversion does not, however, be able to do after ten years have elapsed from the date on which the application for a patent application or a European patent shall be deemed to have been adopted. This kind of utility model at the time of application, is to comply with what the conclusion of the utility model application.
A patent application will, when it is converted into a utility model application, unless the applicant explicitly cancel the patent applications.
The conversion of an application for a utility model in accordance with paragraph 1 of the patent application, the applicant shall at the same time, or, at the latest, within the time limit to be carried out by the registry authority and the renewal fees due. If the renewal fees are not paid before the time limit expires, the application shall be suspended.

section 8 (a) (December 22, 1995/1696) If an application for a European patent in the European Patent Convention shall be deemed to be withdrawn as a result, the amount of time that it was not received at the European Patent Office, the European patent application without the agreement of the national registry of the Member State at the request of the applicant authority, it is converted into a utility model application, provided that: 1. the request for an application for a European patent) has been requested in the registry of the Member State of the European Patent Convention to the national authority within three months from the date of the European Patent Office has notified the applicant of the that application shall be deemed to be withdrawn;
2 the request arrives at the registry authority of 20 months) after the date of filing or, if priority is claimed, if requested, from the date on which the privilege is sought; and 3) the applicant completes the application fee laid down in and give the utility model application under section 7 of the translation within the time limit.
If an application for a European patent shall be deemed to be withdrawn as a result of that application in the language of the translation is delivered to the European Patent Office within the time limit laid down, it may be at the request of the applicant, in accordance with the national utility model application to convert what is provided for in article 135 of the European Patent Convention. The applicant shall, in addition to the registration fee provided for in the registration authority to be carried out and shall, on application by a utility model in accordance with article 7 of the translation within the time limit. (on November 7, 2008/700)
If 1 and 2 of the utility model satisfies the rules of the European Patent Convention and its application in the application concerning the form of requirements, it is in this respect.

section 9 (8.12.1995/1396) in the same application may not claim the right to the utility model into two or more mutually independent inventions.
The utility model application may be at the request of the applicant to share, and the new application shall be deemed to have been filed at the same time as the initial application.

Article 10 (on November 7, 2008/700) the applicant and the holder of the utility model law, which 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 and to register the utility model.
If the utility model application or decision in respect of a registered utility model has not been notified to the applicant, the holder or the cancellation on request to the author of this address, the service can take place by proclaiming the issue provided by the National Board of patents and registration of the utility model. The notification shall be deemed to have occurred when the above steps have been completed.

Article 11 of the Utility model application shall not be amended in such a way that the utility model right should be extended to apply to something that has not happened to find out the original application.

Article 12 of the registration authority shall verify that the application complies with article 1, paragraph 2 to 4 and 6 to the requirements of article 11. (on November 7, 2008/700)
The registry authority of the application.
The applicant or, after the utility model is recorded in the register or become according to article 18 of the public registry, any person may in writing request the authority to research in order to assess whether the application for the utility model or utility model is the subject of the invention under section 2 of the requirements. The investigation shall be established by a payment. (8.12.1995/1396), section 13, if the applicant does not comply with the provisions relating to the application or the authority of any other obstacles to the registration of a utility model, the applicant within the time limit to make a decision in the country of domicile or call to repair the defect.
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, it shall inform the decision on penalty.
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. Again may be taken only once.

section 14 If the applicant's statement after the registration of a utility model is still a barrier, and the applicant has had the opportunity to give a statement, the application must be rejected, unless there is cause to issue to the applicant a new injunction.

section 15 If someone claims the registry authority, that he has a better right to the invention than the applicant, and if the matter is considered unclear, the authority may, on the decision to bring an action before the Court invites him to within a specified period, failing which the claim shall not be taken into consideration.
If the Court has the right to an invention, pending a better utility model for processing of the application may be suspended until the case is finally resolved.

section 16 of the registration authority to show that If someone has a better right to the invention than the applicant, an application for the registration authority comes from his demand to move him. At the same time, he is required to carry out a new registration fee.
Before the transfer of the claim has been finally resolved, the application shall not be left suspended, refused to approve or withdrawn.

section 17 (on November 7, 2008/700)


If the application complies with article 1, paragraph 2 to 4 and 6 to the requirements of article 11, the utility model shall be entered in the utility model register. The registration is an announcement and the applicant be given a certificate of registration.
When the utility model application shall become public, the registration authority shall publish the application in the protection requirement for publication both in English and in Swedish. Security requirement for publication shall be published in electronic form. The content of the release lays down the requirement of protection of the State by means of a Council regulation.

section 18 (8.12.1995/1396) the application documents are open to the public from the date of registration or no later than 15 months after the date on which the application is made or deemed to have been filed, or, if priority has been requested, from the priority date.
At the request of the applicant, registration may be suspended for up to 15 months from the date on which the application is made or deemed to have been filed, or, if priority has been requested, from the priority date. If the application was filed in a suspended or rejected, the documents will be made public only if the admission of the applicant to request an application or for a change to the decision, the language in which the application has been rejected. The registration postponement shall be established by a payment.
At the request of the applicant, documents will be made public in the past than in the States.
Chapter 3 the opportunity to claim for a declaration of invalidity of the registration of the utility model registration of article 19 will be declared to be void in whole or in part as a result of the claim, if: 1) means an invention which does not comply with section 1 of the 2-4 and the requirements laid down in article 2;
2) registration means the invention, which is not so clear, that the expert may, on the basis of use of the invention;
the right of a utility model 3), which was not the case to find out the original application;
4. the conversion of an application for a utility model patent application) have not been complied with section 8 or 8 the requirements laid down in (a); or 5) protection requirement has been extended after the registration of the utility model law.
(on November 7, 2008/700) The registration of the application for a declaration of invalidity may be made by any man. The claim must be done in writing to the registration authority and it should express the circumstances on which the claim is based. The claim of the author shall be established by a payment. Subject to the payment, is the requirement to be taken for examination. (on November 7, 2008/700)
The requirement for registration, the Declaration of nullity shall not deal with the transfer of a registration, if a dispute is pending.

under section 20 (on November 7, 2008/700) the registration authority has to be informed in accordance with article 19, for the cancellation of the requirement of the utility model to the right holder and her opportunity to give the statement within a set period of time. If the holder of the present restriction of the field of the protection of the registration, the registration authority shall submit new claims in the same period.
If the proprietor of the utility model opposes the request, the registration authority shall examine the cancellation of the requirement. If the proprietor of the utility model shall submit a new claim for protection, the registration authority shall examine, on the basis of the requirement of the new protection provided the cancellation requirement.
If the proprietor of the utility model does not, within the time limit have no objection to the cancellation of the registration shall be declared completely invalid requirement.

section 21 (on November 7, 2008/700) the utility model registration, the registration authority shall be liable to be declared invalid where it is laid down in article 19. If the proprietor of the utility model protection requirement, you have received a new it is void.
If the utility model protection provided by the new holder of the right in respect of the claim, there is no article 19: (1) the registration of the cancellation provided for in the criteria, will be in accordance with the requirement of the new protection maintained. In this case, the registration authority shall publish the new security requirement.
If the decision of the registration shall be declared invalid, is an announcement to the force of law.
Chapter 4 of the registration of the utility model section 22 of the appeal or the final decision to the applicant or the mitättömäksijulistamisvaatimusta utility model holder may request the amendment, if the decision is negative. It, which is provided by the registration of the utility model of the requirement for declaration of nullity, can appeal against a decision that the claim has been rejected.
Section 13 of the decision by which the request referred to in subparagraph 3, of an application for restoration is rejected, or the requirement in paragraph 16 of the application, the applicant can apply for a transfer of the approved change. The decision on the transfer of the application has been rejected, with the requirement, the requirement may be subject to appeal.
The applicant for or the holder of the registration authority's final decision may be appealed against, with 26 (a) in section 1 (3) of the proposal has been rejected or has not been referred for examination. (on November 7, 2008/700)
Holder may request the amendment of section 33 pursuant to the registration authority's final decision, if it is him in the negative. (on November 7, 2008/700) section 23 (31.1.2013/105) 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.
Chapter 5 the period of validity of the scope of protection and restoration of rights (on November 7, 2008/700) section 24 Protection of utility model protection in the scope of the requirement. The interpretation of the protection requirements may be an explanation and pictures to use as a guide.

section 25 (on November 7, 2008/700) the registration of a utility model is valid for a period of four years from the date of filing of the utility model and it may on application be renewed twice, first in four and then two years.

section 26 of the Registration renewal fee is due on the last day of the month on which the registration expires. The renewal payment may be made within six months from the due date. The current registration period the renewal fee shall be carried out in nestled in a korotuksineen. A renewal fee must not be made earlier than one year before the due date. (on November 7, 2008/700)
On the reform of the registration is an announcement.

26 (a) in the section (on November 7, 2008/700) If the applicant for or proprietor of a utility model right has suffered loss of rights on the grounds that he has not carried out the operation on the basis of this Act or to the registry authority within the time limit laid down, but has been so carefully as circumstances require in order to comply with the time limit and take the action within two months of the end of the barrier, at the latest, however, within one year of the end of the period, the registration authority shall be regarded as a measure to have been made within the time limit. Utility model must be made of the applicant for or holder of the registration authority a written presentation above within the time limit laid down and carry out the payment.
If the utility model law, article 5 of the law of loss suffered by an applicant's compliance with the time limit laid down in paragraph 1, but has made the application within two months of the end of the year, this priority under the provisions of paragraph 1 shall apply only if the presentation is done and confirmed the payment on the same two-month period.
The international patent application that has been extended by a utility model application in Finland, shall apply mutatis mutandis also in 1 and 2, if the issue is the amount of time that would have been to follow the host authorities, to the international search authority, the authority that runs the international patentability pilot studies or in the International Office of the world intellectual property organization. In this case, the action is carried out in his dealings with the neglected in the registry.
The show, which is made in accordance with paragraph 1, 2 or 3, they may not reject or ignore the inadmissible before the applicant for or proprietor of a utility model right has been given the opportunity to give the statement in case the number of the registration authority in its time.

26 (b) of section (on November 7, 2008/700) If section 26 (a) (1) in accordance with paragraph 3, the next is accepted and as a result, further processing will be taken public, become a utility model application, which has been suspended or rejected, or a utility model shall be deemed to have been terminated, is this an announcement.
Chapter 6 the extradition, as well as the user and article 27 of the utility model the right to a compulsory licence may be transferred to another.
When the other is of the right to use an invention with a professional (licensed), this still only be handed over to the right, 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.

section 28 of the utility model law has been passed to another when the or any of its operating licence was handed over at the request of the fixed fee, it is an indication in the utility model register. The same applies to the utility model panttausta. If it is shown that the registered licence or the Lien has expired, the entry shall be removed from the registry.
What is provided for in the paragraph 1, is to be applied by the compulsory exploitation right and within the meaning of subparagraph (1) of section 32.

Utility model litigation and other matters will be considered the holder of it, as is his name was last entered in the register of utility models.

section 29 When someone is asked to register the utility model right has been passed to him or that he has received a utility model and the licensee or the lien if he was not in good faith, in relation to the right to a utility model patent right or utility model right to the rest of the earlier transfer is not valid against him unless the other prior to the marking of a utility model in the register had been requested by saantonsa.

section 30 When two years have passed since the registration of a utility model, and the invention is not used or placed on the extent of use in Finland within a reasonable period, to anyone who wishes to use the invention here, to get to the non-use of the invention, subject to the compulsory licence is not an acceptable reason. (December 22, 1995/1696)
What patent law article 46-50 is provided to permit the exploitation of the invention protected by the utility model law, respectively.
Chapter 7 the utility model the right to notice of termination and obligation of the utility model section 31 If the utility model is registered to a party other than the person entitled to it under paragraph 1, the Court shall order the utility to migrate the application entitled it to him.
The action shall 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. If the proprietor of the utility model has been in good faith, when it was registered as a utility model, or joined him, an action may not be initiated more than three years after the registration of a utility model.

32 section if it, in accordance with section 31, which the registration is transferred, has been given in good faith, as they began to professionally use the utility model in this country or to the essential measures for that purpose, he shall receive reasonable consideration and otherwise reasonable terms to continue the exploitation of the utility model or the nature of the intended exploitation of confirming its public launch. Such a right is the holder of the authorization under conditions equivalent to those of the registered user.
The right referred to in subparagraph (1) above, you may move to another but its movement, where it is used or where it was intended to be exploited.

section 33 if the proprietor of the utility model registration, the registration authority shall notify in writing of his resignation is to be removed from the register of utility models. The waiver of the registration of a utility model shall enter into force on the date of filing. (on November 7, 2008/700)
If the utility 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 utility model may not be removed from the registry as long as garnishment or lien is valid, or the dispute has not been finally resolved.

Article 34 When the utility model registration is a final judgment, an announcement to the registration authority is transferred to the other about it.

35 section 56 of the patent law of What is laid down in the reporting requirement for compliance with the patent, utility model law, respectively.
Chapter 8 Responsibility, liability and court procedure section 36 If someone infringes the right to a utility model produced by the monopoly, the Court may prohibit him from continuing or repeating the Act.

Article 36 (a) (21 July 2006/686) the court hearing an action referred to in article 36 may be dealing with the requirement of the holder of the right to impose a utility model of the transmitter, server or other device to an administrator or other intermediary service provider, subject to a penalty payment, to suspend the use of the claimed utility model in offensive (injunction), as it is not unreasonable, taking into account the utility model, of the alleged infringer, the rights of the holder of the right of a utility model.
Before bringing an action provided for in article 36, the Court may, on application by the holder of the right to a utility model to give a suspension of the order, 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 utility model law otherwise 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 the right of a utility model, an 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. (31.1.2013/105)
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 injunction 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 the proceedings referred to in article 36 taken to court within one month of the adoption of the order. (31.1.2013/105)
As has been said, the suspension order is replaced by the person to whom the order was issued, as well as the execution of the alleged injury suffered by the infringer an injunction as well as the costs of the case, if the proceedings provided for in article 36 shall be rejected or is dismissed as inadmissible or if the matter is left to 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.

Article 37 Which, either intentionally or negligently, they infringe the right of a utility model shall be obliged to carry out for the benefit of a reasonable compensation for the use of the invention, 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 utility model infringement is not intentional or negligent infringer shall be obliged to pay compensation, for the benefit of the use of the invention to the extent that it is considered reasonable.
On the basis of the utility model infringement may be compensation for damage shall require only the last five years preceding the date of the opening of the action. The right to compensation of the damage in respect of which the proceedings have not been instituted within the said time limit, has been lost.

38 section 59 of What patent law is to prevent the violation of the measures provided for in this extended analogy to utility models.

section 38 (a) (21 July 2006/686) the Court may, of the utility model patent infringement with regard to the dispute the applicant'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 the right to a utility model. 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.

39 section who willfully infringes a utility model law produced by the monopoly, 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 utility model infringement to a fine. (21.4.1995/720)
The Prosecutor shall not be prosecuted for an offence referred to in subparagraph (1), if the owner is not notified of a crime to be prosecuted. (2011/484) section 40 Which, either intentionally or negligently, which is not a minor, fails to meet it, which he is required, according to article 35, the obligation is to be condemned to a fine for failure to the utility model.
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.
The Prosecutor shall not be prosecuted for an offence referred to in this article, unless the owner is not notified of a crime to be prosecuted. (2011/484), section 41 If the utility model registration has been declared invalid by a final decision, not of the Penal Code, Chapter 49, section 2 or this law provided for in article 36 – 39, penalty, compensation, or other penalty be condemned. (21.4.1995/720) 2 L:lla 31.1.2013/105 is repealed.

Article 42 (31.1.2013/105) section 42 is repealed by L:lla 31.1.2013/105.

43 section (31.1.2013/105) this law are based on the issues of the dispute and the application in the market.

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.

section 44 (31.1.2013/105) in the prosecution of the Criminal Code referred to in article 2 of Chapter 49 of the utility model law, as well as 39 of the laws of the teollisoikeusrikoksesta section of this offensive: the offence referred to in subsection (1) of the utility model 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 37 of the compensation due to the requirement and 38, paragraph 59 of the patent law, the claim notwithstanding the provisions of article 43.
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 44 a (31.1.2013/105) in view of the above, section 44 of the court seised of the case within the meaning of the right to obtain the opinion of a Court of Justice, shall apply to the registration authority of 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.

section 44 (b) (31.1.2013/105) in dealing with the matter referred to in section 44 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 c (31.1.2013/105) in view of the above, section 44 of the court seised of the case within the meaning of the obligation to notify the registration authority of the resolution 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.

45 section (31.1.2013/105) section 45 is repealed by L:lla 31.1.2013/105.
8 (a) in the FIGURE (8.12.1995/1396) the international application article 45 (a) (8.12.1995/1396) the international application for the purposes of this Act patenttiyhteistyösopimuksen (Treaty Series 56/80) in accordance with the application for the utility model.
The international application shall be submitted to the registration authority, or an international organisation, which according to the rules of patenttiyhteistyösopimuksen and its application shall be entitled to receive such an application (receiving authority). On the receiving end of authority works in Finland, the National Board of patents and registration as provided for in the regulation. In Finland on the international application for the utility model, the applicant shall be set out in the fees.
Unless the 45 45 45 (d), or (b) to (f) as otherwise provided in section, Finnish include the processing of the international application for a utility model shall apply to the extent that the patent law provided for in Chapter 3 of the international patent application for processing. (on November 7, 2008/700) 45 (b) of section (on November 7, 2008/700) in relation to the international application for which the utility model in the receiving authority has established the international filing date, is in Finland, have the same effect as short by the Finnish utility model application on the day. The first subparagraph of article 2, in the second sentence, applies to international applications, if the application has been extended in accordance with article 45 (d).

45 (c) of section (8.12.1995/1396) the utility model application shall be deemed to be withdrawn in the case of Finland, the international patenttiyhteistyösopimuksen (i) and (ii) of paragraph 1 of article 24 of the cases referred to in points.

Article 45 (d) (on November 7, 2008/700) If the applicant wishes to continue the international application for a utility model in the case of Finland, he shall within 31 months from the priority date or, if the international will be asked, from the date on which the privilege has been requested to provide the registry authority, the international application in Finnish or in Swedish translation, or, in the case of an application drawn up in Finnish or in Swedish, a copy of the application. The applicant shall, within the same period, carry out the fixed registration fee registration authority.
If the applicant has paid the registration fee set out in the period laid down in paragraph 1, or a copy of the translation, he will be able to provide the required within a further period of two months, provided that the additional payment shall be made in accordance with paragraph 1, the fixed amount over a period of time.
In the case mentioned in subparagraph (1) unless an application to meet the requirements, the applicant may, within two months of the period referred to in paragraph 1 including the application of the rules may have their application patenttiyhteistyösopimuksen application of rules on the format and content. In compliance with the requirements of this section unless the applicant, the application shall be deemed to be withdrawn in the case of Finland.

45 (e) of section (on November 7, 2008/700) 45 (e) of section L:lla is repealed on November 7, 2008/700.

Article 45 (f) (on November 7, 2008/700) if the international application has been extended in accordance with article 45 (d), shall apply to the processing of the application and the provisions of Chapter 2 and 5, unless otherwise provided in this section or in section 34 to 38 of the patent law provides otherwise. The application can be used only at the request of the applicant, take before this law, section 45 (d) of the expiry of the time limit laid down in paragraph 1.
The obligation laid down in article 10, which States that the applicant must be a resident of the European economic area, will start only when the application is admissible.
When 18 months have elapsed since the application was made, or, if priority has been requested, the priority date and the applicant has fulfilled its obligation in accordance with article 45 (d) shall make the application version or, when the application has been drawn up in Finnish or in Swedish, a copy of the application for registration, the applicant has given authorities documents relating to the application, are in the public domain before the applicant has continued.
Chapter 9 Miscellaneous provisions article 46 (13.11.1992/1037), according to the charges provided for in this law.

47 section (on November 7, 2008/700) the more detailed provisions of the utility model application, the utility model register, and keeping it, as well as the registration authority's tasks shall be provided to the State by means of a Council regulation. The registration authority may give the utility model application specific technical requirements. Provisions may relate to the utility model application and its processing, registration, changes and deadlines, as well as other comparable to technical issues.

48 section What patent law provided for in article 75 of the law of extradition requirement an invention is, in some cases, and on the compensation, the utility model law, respectively.
Inventions which are of importance to the defence of the country, specifically provided for. (8.12.1995/1396) Chapter 10, section 49-the date of entry into force and transitional provisions this law shall enter into force on the date decreed.
Before the entry into force of the laws was the application there is no basis for the claim referred to in article 5.
Patent applications, which have been or shall be deemed to have been concluded before the entry into force of this law, according to article 8, cannot be converted to a utility model application, the second they 232/90 lvk. Mrs. 20/90, svk. Mrs. 330/90 acts entry into force and application in time: 26 June 1992/580: 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, 18.12.1992/1410 TaVM 35/92: this law shall enter into force at the time of the decreed. ((L) 1410/1992 came into force on 1 January 1995 in accordance with A 1342/1993.)
THEY are 215/92, 21.4.1995 TaVM 46/92/720: this law shall enter into force on 1 September 1995.
THEY'RE 94/93, SuVM LaVM 22/94, 10/94 8.12.1995/1396: this law shall enter into force on 1 January 1996.
This law shall apply to applications for concluded after the entry into force.
THEY'RE 47/95, 14/95, TaVM EV 46/95 December 22, 1995/1696: this law shall enter into force at the time of the decreed. This section 5 of the Act and section 30 of the Act will enter into force on 1 January 1996. ((L) 1696/1995 came into force 1 March 1996, in accordance with A 103/1996.)
THEY 161/95, TaVM 29/95, EV 170/95 on 21 July 2006/686: this law shall enter into force on 1 September 2006.
36 (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, the provisions of this law, section 38 (a): the entry into force of this law, instead of force.
THEY LaVM 6/26/2006, 2006, EV 67/2006 on November 7, 2008/700:1. This law shall enter into force on 1 December 2008.
2. at the date of entry into force of this law to pending applications for utility models and registered utility models, as well as on the basis of the applications for utility models, which have been registered before the entry into force of this law, shall apply the provisions of this Act, subject to article 3, 4 and 5.
3. the provisions of this section 7 (a) and 7 (b) of the law shall apply to an application for a utility model, which was the entry into force of this law, or be deemed to have been concluded on or after the date you enter.
4. Article 17 of this law shall apply to each application for a utility model, which is the date of entry into force of this Act on or after the date you enter.
5. section 26 of this Act: (1) the renewal fee shall apply mutatis mutandis to a, which is due on the date of entry into force of this law, or after.
6. Prior to the entry into force of the law can be taken in the implementation of the law.
THEY'RE 56/2008 TaVM 12/2008, 05/14/2010/395/2008 EV 84:


This law shall enter into force on 1 December 2010.
THEY'RE 102/2009, LaVM 2/21/2010, 2011, 2010 EV/484: this law shall enter into force on 17 May 2011.
THEY'RE 286/2010, LaVM 34/2010 therefore, EV 311/2010/744:1. This law shall enter into force at the time of the Council of State decreed.
This law is valid on or after November 1, 2011 in accordance with A 1098/.
2. the provisions of this law, section 6 (a) of the journal apply to an application for a utility model, which was the entry into force of this law, or be deemed to have been concluded on or after the date you enter.
3. Prior to the entry into force of the law can be taken in the implementation of the law.
THEY TaVM 51/175/2010, 2010, EV 359/2010 27 October 2011/1098: This Regulation shall enter into force on 1 November 2011.

31.1.2013/105: 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