WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/FIN/P/18 
20 February 2012 
 (12-0981) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
FINLAND 
  The present document reproduces the text
1 of the Act on Utility Model Rights, as notified by 
Finland on 10 February 2011 under Article 63.2 of the Agreement (see document IP/N/1/FIN/3). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
FINLANDE 
  Le présent document contient le texte
1 de la Loi sur les droits de modèle d'utilité, notifiée par 
la Finlande le 10 février 2011 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/FIN/3). 
 
 Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
FINLANDIA 
 
 En el presente documento se reproduce el texto
1 de la Ley de Derechos de Modelos de 
Utilidad, notificada por Finlandia el 10 de febrero de 2011 en virtud del párrafo 2 del artículo 63 del 
Acuerdo (véase el documento IP/N/1/FIN/3). 
                                                      
1 In English only./En anglais seulement./En inglés solamente.  IP/N/1/FIN/P/18 
 Page 3 
 
 
   
    
 
    
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS 
AND REGULATIONS 
(in English) 
   
Unofficial translations 
 
 
  
PATENTS (Including plant variety protection and utility model protection 
and related legal instruments) 
 
  IP/N/1/FIN/P/18 
 Page 5 
 
 
  NB: Unofficial translation, 
legally binding only in Finnish and Swedish  Act on Utility Model Rights (800/1991; amendments up to 395/2010 included) 
 
Chapter 1  General provisions  
Section 1 
 
Anyone who has made an invention, or his successo r in title, shall be entitled, on application, to a 
utility model right to his invention, and thereby to the exclusive right to exploit the invention 
commercially, in accordance with the provisions of this Act. 
 
For the purposes of this Act, "invention" shall mean a technical solution that is commercially 
exploitable. (1396/1995)  The following, as such, shall not  be regarded as inventions: 
 
(1)  discoveries, scientific theories or mathematical methods; 
(2)  aesthetic creations: (3)  schemes, rules or methods for performing me ntal acts, playing games or doing business, or 
programs for computers; and 
(4)  presentations of information. 
(1396/1995) 
 Utility model rights shall not be granted for:  (1) inventions the exploitation of which would be contrary to morality or public policy; 
(2)  plant or animal varieties; and 
(3)  processes. 
(1396/1995)  
Section 2 
 An invention must be new in relation to what w as known before the filing date of the utility model 
right application and must differ essentially therefrom. (700/2008)  The prior art shall be held to comprise everything made available to the public by means of a written 
or oral description, by use or in any other way. Addi tionally, the content of u tility model right, patent 
and design applications as filed in this country prior to the above-mentioned filing date, shall be 
regarded as included in the prior art if such app lications are made available to the public under 
section 18 of this Act, section 22 of the Patent s Act (550/1967) or section 19 of the Registered 
Designs Act (221/1971). However, in such cases, th e requirement set out in subsection 1, that the 
invention must differ distinctly from the prior art know n before the filing date of the application for a 
utility model right, shall not apply. (700/2008) 
 
Applications referred to in Chapter 8a shall, for the purposes subsection 2, have the same legal effect 
as applications for utility model rights filed in this  country, pursuant to the provisions laid down in 
sections 45b and 45f. (1396/1995) IP/N/1/FIN/P/18 
Page 6  
 
  A utility model may nevertheless be registered for in ventions made available to the public within the 
six months preceding the filing date of the application, if disclosure was the result of:  (1)  an evident abuse in relation to th e applicant or his predecessor in title; or 
(2) the fact that the applicant or  his predecessor in title had displayed the invention at an official 
or officially recognised international exhibitio n falling within the term s of the Convention on 
International Exhibitions (Finnish Treaty Series 36/37).  
(1396/1995)  For the purposes of subsection 2, publication accordi ng to Article 93 of the Convention on the Grant 
of European Patents of 5 October 1973 (F innish Treaty Series 8/1996), hereinafter European Patent 
Convention  shall be equated with the making available to the public of application documents, in 
accordance with section 22 of the Patents Act. Wh at is said above also applies to publication 
according to Article 153(3) of the European Patent  Convention, where the European Patent Office 
equates such publication with publica tion according to Article 93. (700/2008) 
 
Section 3 
 
Subject to the exceptions stated below, the exclus ive right conferred by the registration of a utility 
model shall imply that no one, without the consent of the proprietor of the utility model right, may 
exploit an invention by making, offering, putting on  the market or using a product protected by the 
utility model right, or by importing or possessing such product for these purposes. 
 The exclusive right shall also confer on its propr ietor the exclusive right to prevent any person, 
without his consent, from supplying or offering to  supply any other person not entitled to exploit the 
invention with the means of working the invention in  this country in relation to an essential element of 
the invention, where said other person knows, or on the basis of the circumstances should have 
known, that the means are suitable and intended for working the invention. This provision shall not 
apply where the means are staple commercial produc ts, except where said other person attempts to 
induce the receiver to commit any act infringing the excl usive right referred to in subsection 1. For the 
purposes of this subsection, any person using the i nvention in a manner referred to in subsection 3(1) 
or (3) shall not be regarded as entitled to exploit the invention. (1396/1995) 
 
The exclusive right shall not apply to:  (1)  use which is not commercial; (2)  use of a product protected by a utility model right that has been put on the market within the 
European Economic Area by the proprietor of the utility model right or with his consent; and  
(1410/1992) (3)  use in experiments relating to the invention as such. (1396/1995)  
Section 4 
 The provisions of sections 4 and 5 of the Patents Act regarding the commercial use or exploitation of 
an invention on foreign vessels, aircraft or other m eans of transport for their needs, shall apply where 
applicable  to an invention for the purposes of this Act. 
 Section 5 (700/2008) 
 
An application for registration of a utility model right  relating to an invention disclosed no earlier than 
12 months before the date of filing an application fo r a patent or for the registration of a utility model 
filed in Finland, or disclosed in an application fo r a patent, an inventor's certificate or utility model  IP/N/1/FIN/P/18 
 Page 7 
 
 
  protection filed in another country party to the Paris Convention for the Protection of Industrial 
Property (Finnish Treaty Series 5/1921) or the Agreement Establishing the World Trade Organization (Finnish Treaty Series 5/1995), shall be deemed, for the purposes of section 2(1) and (2), and section 4, to have been filed at the same time as the earlier application if the applicant so requests. 
Such priority may also be enjoyed under an earlier  application for protection filed in a country not 
party to the above-mentioned conve ntions if the corresponding priority deriving from a Finnish 
application is granted in such country and if the laws of said country substantially conform to those 
conventions.  A government decree shall lay down the manner in whic h claims referred to in subsection 1 shall be 
filed as well as the documents to be enclosed. 
 
Chapter 2 
 Applications for utility model rights and their processing 
 
Section 6 
 
Applications for utility model rights, hereinafter re ferred to as "utility model applications", shall be 
filed in writing with the National Board of Pate nts and Registration, acting as the Registration 
Authority. In the cases referred to in Chapter 8a, applications may also be filed with the patent 
authority of another country or with an  international organisation. (1396/1995) 
 The application shall contain a description of the invention, accompanied by drawings where 
necessary, and a precise statement of the subject matter for which utility m odel right protection is 
sought ( a claim ). More specific provisions regarding illust rations accompanying the application shall 
be laid down by Government Decree. The descripti on shall be sufficiently clear to enable a person 
skilled in the art to carry out the invention with th e guidance thereof. Where the invention relates to a 
biological material or involves the use of biologi cal material when being carried out, section 8a and 
section 22(6) and (8) of the Patents Act shall apply mutatis mutandis. (700/2008) 
 The inventor's name shall be stated in the applica tion. If a utility model right is applied for by a person 
other than the inventor, the applicant shall be required to prove his title to the invention. 
 
Section 7 
 
In compliance with the language laws in force, the description and claim shall be written in Finnish or 
Swedish. If the claim is written in one only of th e two national languages, the Registration Authority 
shall have the claim transl ated into the other national language be fore the utility model is registered. 
The applicant shall pay the prescribed translation fee. Where the applicant is a foreigner, the 
description shall be written in Finnish and the claim in Finnish and Swedish. However, all applicants 
shall be entitled to write the description of the inve ntion and the claim in both Finnish and Swedish. 
 
The applicant shall pay the prescribed registration fee. (700/2008) 
 
Section 7a (700/2008) 
 
The Registration Authority must accord a fili ng date for a utility model application, if: 
 
1) the application contains an indication that its elements are intended to be a utility model 
application;  IP/N/1/FIN/P/18 
Page 8  
 
  2) the application contains indications allowing th e identity of the applicant to be established or 
allowing the applicant to be contacted by the Authority; and  3) the documents submitted on filing the applicati on contain anything that can be regarded as a 
description or a drawing, or the application contains  a reference to an earlier filed patent or utility 
model application and the applicant has submitted information on the filing date of the patent or 
utility model application, the serial number and the patent or registration authority with which the 
application was filed.  If the applicant has not complied with the provisions  of subsection 1 for being accorded a filing date 
for the application, the applicant is invited to corr ect the deficiencies within a time limit laid down by 
the Registration Authority. If the applicant fails to co rrect the deficiencies within that time limit or if 
the Authority has failed to contact the applicant with in two months of the receipt of the application, 
the application is deemed not to have been filed.  
If the applicant, to be accorded a filing date, has,  within the time limit provided in subsection 2, 
corrected all deficiencies contained in the applicati on, the date on which all deficiencies have been 
corrected will be taken to be the filing date.  
Section 7b (700/2008) 
 
If an application which has been filed in compliance with the provisions of section 7a is defective and 
the Registration Authority finds that an element or  elements of the description or the drawings to 
which reference is made in the description or the claims are missing, the applicant is invited to 
supplement his or her application within the time li mit laid down by the Registration Authority. If the 
missing elements are supplied within the set time lim it, the filing date shall be the date on which all 
deficiencies have been corrected, unless othe rwise provided in subsections 2 and 3. 
 If the subsequently furnished elements referred to  in subsection 1 are cancelled within one month 
from the date of furnishing, the original fili ng date will be taken to be the filing date. 
 If the missing elements are furnished in compliance with  the provisions of subsection 1 and priority is 
claimed from an earlier application and the missi ng elements in their entirety appear from that 
application, the date of the initial filing will be taken to be the filing date, if the applicant so requests 
and submits a copy of the application given as the basi s of priority within the time limit laid down in 
subsection 1.  Section 8 (700/2008)  
A utility model application may also result from c onversion of a pending patent application or a 
pending European patent application relating to the same invention into an application for a utility 
model right, which shall be deemed to have been ma de on the filing date of the patent application or 
European patent application. However, conversion sh all not be allowed after the expiry of ten years 
from the day the patent application or European patent  application is deemed to have been filed. In 
other respects, the provisions relating to applications  for utility models shall also apply in the case of 
such utility model applications.  A patent application shall remain pending even if it is converted into a utility model application unless 
the applicant specifically withdraws the patent application. 
 When converting a patent application complying with  subsection 1 into a utility model application, 
the applicant must, simultaneously or within the time limit set by the Registration Authority, pay the  IP/N/1/FIN/P/18 
 Page 9 
 
 
  renewal fees that have fallen due. If the renewal fees are not paid within said time limit, the 
application shall be dismissed.  
Section 8a (1696/1995) 
 
If a European patent application under the European  Patent Convention is to be deemed withdrawn 
because it has not been received in due time by the European Patent Office from the national 
Registration Authority of the Contracting State of  the European Patent Convention with which the 
application was filed, it shall, at the applicant's re quest, be converted into a utility model application, 
provided that: 
 
(1) the request is submitted to the national Regist ration Authority of the Contracting State of the 
European Patent Convention within three months of the date on which the European Patent Office 
notified the applicant that the application is deemed withdrawn;  
(2) the request is received by the Registration Aut hority within 20 months of the filing date of the 
application or, where priority is claimed, from the date of priority; and  (3) the applicant pays the prescribed application f ee and submits the translation pursuant to section 7 
of the utility model application within the prescribed time limit.  
If a European patent application is to be deemed withdrawn because no translation in its language of 
proceedings has been submitted to th e European Patent Office within the prescribed time limit, it may, 
at the request of the applicant, be converted in to a national utility model application in compliance 
with the provisions of Article 135 of the European Patent Convention. The applicant shall additionally 
pay the Registration Authority th e prescribed registration fee and submit a translation pursuant to 
section 7 of the utility model application within the prescribed time limit. (700/2008) 
 If a utility model application within the meaning of  subsections 1 and 2 satisfies the requirements as 
to form of the European Patent Convention and its Implementing Regulations, it shall be accepted in 
these respects.  Section 9 (1396/1995) 
 
A utility model right may not be applied for in respect of two or more mutually independent 
inventions within the same application.  
At the applicant's request, a utility model applic ation may be divided, in which case the new 
application shall be deemed as having been filed at  the same time as the original application. 
 
Section 10 (700/2008) 
 
An applicant for and a proprietor of a utility model right not domiciled in Finland shall be required to appoint a representative domiciled in the European  Economic Area to represent him in all matters 
concerning the application and the registered utility model. 
 If it has not been possible to notify the applicant, proprietor or inva lidation requester, at the address he 
has furnished, of a decision taken in respect of a utility model application or registered utility model, 
notification can be effected by publishing an announcement in th e Utility Model Gazette published by 
the National Board of Patents and Registration of Finl and. Such notification is  deemed to have been 
effected once the above-mentioned action has been taken.  IP/N/1/FIN/P/18 
Page 10  
 
  Section 11 
 
A utility model application may not be amended in su ch a way that a utility model right is claimed for 
matter not disclosed in the original application.  Section 12 
 
The Registration Authority shall check that the a pplication complies with section 1(2 and 3) and 
sections 6 to 11. (700/2008)  
The Registration Authority sha ll classify the application. 
 The applicant or, after the utility model has been ente red into the Register or been made available to 
the public under section 18, anyone may submit a request in writing for an examination to assess 
whether an invention for which utility model registration has been granted or a utility model 
application filed satisfies the requirements laid down in section 2(1). The prescribed fee is payable for 
such an examination. (1396/1995)  
Section 13 
 
If the applicant fails to satisfy the requirements for the application, or if the authority finds other 
obstacles to the registration of the utility model, th e applicant shall be notified thereof by official 
action and be invited to file his comments or the necessary corrections within the specified period of 
time.  If the applicant fails to file his comments or to take  steps to remove the obstacles within the specified 
period of time, the application sha ll be dismissed. Official action issued pursuant to subsection 1 shall 
include a notice to that effect.  A dismissed application may be reinstated if, within  two months of the expiration of the time limit 
laid down in the official action, the applicant so requests and files comments or takes steps to correct 
the application and, within the same period of time, pays the prescribed reinstatement fee. An 
application may be reinstated only once. 
 
Section 14 
 
If, after the applicant has filed his comments, there re mains an obstacle to the registration of the utility 
model on which the applicant has had an opportunity  to comment, the application shall be rejected, 
unless there is reason to issue a furthe r official action to the applicant. 
 
Section 15 
 
If a person other than the applicant claims title to th e invention before the Registration Authority, and 
if the circumstances are held to be uncertain, the Registration Authority may invite said other person 
to institute legal proceedings before a court of la w within a specified period of time, failing which the 
claim will not be taken into consideration. 
 If proceedings for title to an invention in respect of which utility model protection has been applied 
for are pending before a court, the processing of th e utility model application may be suspended until 
a final decision has been gi ven in such proceedings. 
  IP/N/1/FIN/P/18 
 Page 11 
 
 
  Section 16 
 
If a person proves to the Registration Authority that he  has title to the invention and not the applicant, 
the Registration Authority shall, if said person so requ ests, transfer the application to him. At the same 
time, he shall pay a new registration fee. 
 
The application shall not be dismissed, rejected, granted or withdrawn until a final decision has been taken on the request.  
Section 17 (700/2008) 
 
If the application satisfies the requirements of section 1(2-4) and of sections 6 to 11, the utility model 
shall be recorded in the Utility Model Register. Publ ic notice shall be given of the registration and a 
certificate of registration shall be issued to the applicant.  
When a utility model application has become public , the Registration Authority shall publish it in 
Finnish and Swedish through a claim publication. Su ch a publication will be issued in electronic 
format. Provisions regarding the contents of claim pub lications shall be issued by government decree. 
 
Section 18 (1396/1995) 
 The application file shall be available to the public as from the date of registration or no later than 15 
months having elapsed since the date the application was filed or is deemed to have been filed, or, 
where priority is claimed, from the priority date.  At the request of the applicant, registration may be  postponed for a period of no more than 15 months 
from the date the application was filed or is deemed to have been filed, or, where priority has been 
claimed, from the priority date. If the application has been dismissed or rejected, the file shall become 
available to the public only if the applicant request s the reinstatement of the application or appeals 
against the decision by which the application w as rejected. A prescribed fee is payable for the 
postponement of the registration.  
At the applicant's request, the application file ma y be made available to the public earlier than 
provided for in subsection 1.  
Chapter 3 
 
Possibility to request that the reg istration be declared invalid 
 Section 19 
 
A utility model registration shall be declared wholly or  partially invalid in response to a request to that 
effect, provided that: 
 
1) the registration relates to an invention that does not satisfy the requirements of section 1(2-4) and section 2;  2) the registration relates to an invention the descrip tion of which is not sufficiently clear to enable a 
person skilled in the art to carry out the invention; 
 3) the utility model right concerns a matter whic h was not included in the original application; 
 IP/N/1/FIN/P/18 
Page 12  
 
  4) when converting a patent application into a utilit y model application, the requirements of sections 8 
or 8a have not been observed; or  5) the claim was extended after the registration of the utility model right. (700/2008) 
 
Any person may request that the registration be declar ed invalid. Such a request shall be made to the 
Registration Authority in writing and state the facts on which it is based. The person making the 
invalidation request shall pay the prescribed fee. If payment is not made, the request will not be considered. (700/2008) 
 
An invalidation request shall not be considered if proceedings are pending concerning the transfer of 
the registration.  
Section 20 (700/2008) 
 
The Registration Authority shall notify the proprieto r of the utility model right of any invalidation 
request made under section 19 and give him an opportunity to file comments on the request within a specified period of time. If the proprietor requests limitation of the protection established through the 
registration, he shall submit a reworded claim to th e Registration Authority within the same specified 
time period. 
 
If the proprietor of the utility model right oppo ses the request, the invalidation request shall be 
examined by the Registration Authority. If the proprie tor of the utility model right submits a reworded 
claim, the Registration Authority shall examine the invalidation request on the basis of the reworded 
claim. 
 
If the proprietor of the utility model right does not oppose the invalidation request within a specified 
period of time, the registration of the utility model shall be declared invalid in whole.  
Section 21 (700/2008) 
 The Registration Authority must declare the utility model registration invalid if there are grounds for 
doing so as stipulated in section 19(1). If the proprietor of the utility model right has submitted a reworded claim, this shall be the subject of invalidation procedures. 
 If there are no grounds for invalidation as stipulated  in section 19(1) as regards the reworded claim 
submitted by the proprietor of the utility model right , the registration shall be held in force in 
accordance with the reword ed claim. In such a case, the Regi stration Authority shall publish the 
reworded claim.  If a registration has been declared invalid, the d ecision shall be published once it becomes final. 
 Chapter 4  Appeals  Section 22 
 
A utility model right applicant or proprietor may se ek to appeal against a final decision concerning 
registration or invalidation request of the utility m odel right, if the decision is not in his favour. The 
person requesting a declaration of invalidation of a utility model may seek appeal if his request is 
rejected by the decision.  IP/N/1/FIN/P/18 
 Page 13 
 
 
  Appeal against a decision rejecting a request for reinstatement under section 13(3) or a decision 
granting a request for transfer of an application under section 16, may be sought by the applicant. Appeal against a decision rejecting a request for tr ansfer of an application may be sought by the 
person making the request.  
An applicant or proprietor may seek to appeal ag ainst the Registration Authority's final decision by 
which a proposal referred to in section 26a (1-3 ) has been rejected or dismissed. (700/2008) 
 A proprietor may seek to appeal against the Registra tion Authority's final decision as referred to in 
section 33(1), if the decision is not in his favour. (700/2008) 
 
Section 23 (580/1992) 
 
Any appeal shall be brought against a decision ta ken by the Registration Authority under the present 
Act by filing an appeal with the Board of Appeal of the National Board of Patents and Registration. 
Separate provisions shall apply to the appeal pr ocedure and the proceedings before the Board of 
Appeal.  
Chapter 5 
 Scope and term of protection and restoration of rights (700/2008) 
 
Section 24 
 
The scope of protection conferred by a utility model right shall be determined by the claim. The description and illustrations may be used to interpret the claim. 
 
Section 25 (700/2008) 
 
The term of protection of a utility model registrati on shall be four years from the filing date of the 
application and may, on request, be renewed twice, first for a period of four years and then for a period of two years. 
 
Section 26 
 
The registration renewal fee shall fall due on the last  day of the month during which the registration 
term expires. The renewal fee may be paid within  six months from the due date. After the expiration 
of the running registration term, a renewal fee must  be paid, raised by a prescribed amount. Renewal 
fees may not be paid earlier than one ye ar before the due date. (700/2008) 
 Any renewal of registration must be announced.  
Section 26a (700/2008) 
 
If an applicant or proprietor of a utility model ri ght has suffered loss of rights because he has not 
taken action before the Registration Authority within  the time limit laid down in this Act or in the 
provisions issued under it, but has taken all due care required by the circumstances to observe the time 
limit, and if that person takes such action within tw o months of the time at which the cause of his non-
compliance ceases – and in any event no later than one year after expiration of the time-limit – the 
Registration Authority must deem the act to have been performed within the prescribed time limit. 
The applicant or proprietor of a utility model right must inform the Registration Authority about it in writing within the aforementioned time limit and pay the prescribed fee. IP/N/1/FIN/P/18 
Page 14  
 
  If the applicant of a utility model right has suffered lo ss of rights in the observation of the time limit 
under section 5(1) but has filed the application within two months of the end of the priority year, the 
provisions of subsection 1 will apply only if the re quest has been made and the prescribed fee paid 
within the same time limit of two months.  
Subsections 1 and 2 of this section also apply to an international patent a pplication which has been 
pursued in the form of a utility model application in  Finland, as regards the time limit to be observed 
concerning the receiving Office, the International S earching Authority, the International Preliminary 
Examining Authority or the International Bureau of World Intellectual Property Organization (WIPO). Failure to observe this time limit must th en be remedied at the Registration Authority. 
 
However, a request filed in accordance with the provis ions of subsection 1, 2 or 3 may not be refused, 
nor may its admittance be refused, until the utility mode l right applicant or proprietor has been given 
an opportunity to file his comments within the time limit laid down by the Registration Authority.  Section 26b (700/2008) 
 
If a request under section 26a (1–3) is granted and if, as a result, the examination of a utility model 
application that has been dismissed or rejected af ter becoming available to the public is resumed or a 
lapsed utility model is reinstated, an a nnouncement to that effect shall be made. 
 Chapter 6  Assignment, licences and compulsory licences  Section 27 
 
A utility model right may be transferred.  If another person has obtained the right to exploit th e invention commercially (licence), such a person 
may transfer his right further only if such has been agreed.  
However, if the licence has been granted to an enterprise, it may be  transferred together with the 
enterprise, unless otherwise agreed. In such a case the assignor shall remain liable for compliance 
with the licence agreement.  
Section 28 
 
The transfer of a utility model right or the granting of a licence shall be reco rded in the Utility Model 
Register on request and upon payment of the prescribed fee. This shall also apply to the pledging of a 
utility model right. Upon proof that a licence or a pledge  recorded in the Register is no longer in force, 
the entry shall be deleted from the Register.  
Subsection 1 shall apply mutatis mutandis to compul sory licences and to the right referred to in 
section 32(1).  The person last recorded in the Utility Model Register  as the proprietor of the utility model right shall 
be deemed the proprietor for the purposes of legal proceedings and for other matters concerning the 
utility model. 
  IP/N/1/FIN/P/18 
 Page 15 
 
 
  Section 29 
 
If a person acting in good faith has requested that th e Registration Authority record in the Register 
that a utility model right has been transferred to him or that he has obtained a licence to a utility 
model or a pledge in a utility model, no earlier transf er of the utility model right or of rights therein 
shall be enforceable against him, if the other part y has not previously requested registration of his 
acquisition in the Utility Model Register.  
Section 30 
 Where two years have elapsed since the registrati on of the utility model and the invention has not 
been worked or brought into use to a reasonable ex tent in Finland, any person who wishes to work the 
invention in the country may obtain a compulsory licence to do so unless there are legitimate grounds 
for the failure to work. (1696/1995)  
The provisions of sections 46 to 50 of the Patent  Act relating to compulsory licences to exploit 
inventions protected by patents shall apply muta tis mutandis with respect to utility model rights. 
 
Chapter 7 
 Termination of utility model right an d obligation to furnish information 
 
Section 31 
 
Where a utility model has been regi stered in the name of a person other than the person entitled under 
section 1 and where an action is brought by the person having the right to the utility model, the court 
shall transfer the utility model to the entitled person. 
 Such actions shall be brought within one year of th e plaintiff's gaining knowledge of the registration 
and of any other circumstances on which the action is  founded. Such action may not be brought more 
than three years after registration of the utility model if the proprietor of the utility model acted in good faith at the time the utility model was registered or was transferred to him. 
 
Section 32 
 
Where a person dispossessed of a registration in acco rdance with section 31 had,  in good faith, begun 
commercial exploitation of the invention in this country or had made substantial preparations 
therefore, he shall be entitled, against reasona ble remuneration and on other reasonable terms, to 
continue the exploitation or to commence the intended exploitation, provided that  its general nature is 
maintained. A licensee recorded in the Utility Model Register shall have the same right subject to 
equivalent conditions.  The right referred to in subsection 1 may only be tran sferred to others together with the enterprise in 
which it is exploited or in tended to be exploited. 
 
Section 33 
 
Where the proprietor of a utility model right notifi es in writing that he relinquishes his registration, 
the Registration Authority shall delete the utility model from the Register. Such relinquishment of 
registration shall become effective as of the filing date of the utility model application. (700/2008) 
 Where a utility model is seized for debt or is subject to  a pledge that has been recorded in the Register 
or if an action for a transfer of registration is pending, the utility model may not be deleted from the IP/N/1/FIN/P/18 
Page 16  
 
  Register at the proprietor's request as long as the seiz ure or pledge is in force or until a final decision 
has been given in the action.  
Section 34 
 Where a utility model registration has been transferre d by final decision of a court, the Registration 
Authority shall publish a notice to that effect.  
Section 35 
 The provisions of section 56 of the Patents Act con cerning the obligation to furnish information in 
respect of a patent shall apply mutatis mutandis to a utility model right.  
Chapter 8 
 
Liability, payment of compensation and court proceedings 
 Section 36 
 
The court may forbid any person who infringes the exclusive right conferred by a utility model right 
from continuing or repeating the act. 
 
Section 36a (686/2006) 
 
When hearing an action referred to in section 36, the court may at the utility model right holder's 
request prohibit the keeper of a transmitter, server or other similar device or other service provider 
acting as an intermediary, under penalty of a fine , from continuing the use alleged to infringe the 
utility model ( injunction order ), unless this can be considered dispr oportionate in view of the rights of 
the alleged infringer of the utility model or in view of the rights of the intermediary or utility model 
right holder.  Before the bringing of an action referred to in secti on 36, the court referred to in that subsection may, 
at the utility model right holder's request, issue an in junction, if the preconditions for that set out in 
subsection 1 exist and if it is obvious that the rea lisation of the utility model right holder's rights 
would otherwise be seriously endangered. The court must provide an opportunity to be heard both for 
the party against whom the injunction is sought and for the party who is claimed to be infringing the 
utility model right. Communications to the parties against whom the injunc tions have been sought 
may be delivered by mail or by facsimile or e-mail. Otherwise, the provisions of Chapter 8 of the 
Code of Judicial Procedure shall apply to the processing of the case.  Upon request, the court may issue the injunction re ferred to in subsection 2 as an interlocutory 
injunction without hearing the alleged infringer, if the urgency of the case imperatively so requires. 
The injunction will remain in force until otherwise or dered. After the injunction is issued, the alleged 
infringer must be provided an opportunity to be h eard without delay. When the alleged infringer has 
been heard, the court must decide without delay wh ether to keep the injunction in force or withdraw 
it.  An injunction issued under this section must not endang er the right of a third party to send and receive 
messages. Subject to the provisions of Chapter 7, se ction 7, of the Code of Judicial Procedure, the 
injunction will enter into force when the plaintiff provides the bailiff with the security referred to in 
Chapter 7, section 16, of the Execution Act (37/1895). An injunction issued under subsection 2 or 3 of 
this Section will lapse if the action referred to in  section 36 is not brought within a month of the 
issuance of the injunction.  IP/N/1/FIN/P/18 
 Page 17 
 
 
   
The party who has demanded the injunction must comp ensate the party against whom the injunction is 
issued as well as the alleged infringer for the dama ge caused by the implementation of the injunction 
and for any other costs resulting from the case, if th e action referred to in section 36 is rejected or 
ruled inadmissible, or if the processing of the case is  removed from the cause list because the plaintiff 
has abandoned his action or failed to arrive at th e court. The same applies if the injunction is 
withdrawn under subsection 3 or lapses under s ubsection 4. When an action is brought for 
compensation for damage and costs, the provisions of  Chapter 7, section 12, of the Code of Judicial 
Procedure apply.  
See the act on safeguarding the presentation of evid ence in disputes on industrial property rights and 
copyrights (344/2000). The Execution Act (37/1895) has been repealed by the Enforcement Code 
(705/2007), see Chapter 8, section 2 of the Enforcement Code (705/2007).  
Section 37 
 
Any person who intentionally or negligently infri nges a utility model right shall be liable to pay 
reasonable compensation for the exploitation of th e invention, as well as compensation for other 
damages caused by the infringement. If only slight negligence is in question, the compensation may 
be adjusted accordingly.  
A person found guilty of utility model right infringement that is neither intentional nor negligent shall 
pay compensation for the exploitation of the invention to the extent held reasonable.  An action for compensation for utility model right infringement may only be brought with respect to damages suffered during the five years preceding th e institution of the action. If an action is not 
instituted within that period, the righ t to compensation shall be forfeited. 
 
Section 38 
 
The provisions of section 59 of the Patents Act concerning measures to prevent further infringement 
shall apply mutatis mutandis to utility model rights. 
 
Section 38a (686/2006) 
 
In a dispute concerning an infringement of a utility model right the court may, at the plaintiff's request, order the defendant to compensate the pl aintiff for any costs incurred by him for the 
publication, based on suitable measures, of inform ation concerning the final decision in which the 
defendant is found to have infringed the utility mode l right. Such an order may not be given if the 
dissemination of the information is limited elsewh ere under law. In considering the issuance and 
contents of the order, the court must pay attenti on to the general significance of the publication of the 
issue, the kind and scope of the infringement, th e costs involved in the publishing process and other 
corresponding facts. 
 
The court lays down a maximum amount for the r easonable publishing cost to be paid by the 
defendant. The plaintiff is not entitled to compensa tion if information on the decision has not been 
published within a period laid down by the court, counted from the date when the final decision was 
issued. 
 IP/N/1/FIN/P/18 
Page 18  
 
  Section 39 
 
Any person who infringes an exclusive right conferre d by a utility model right intentionally, shall, 
unless the act is punishable as an industrial property right offence under section 2 of Chapter 49 of the 
Penal Code, be liable to a fine for violation of a utility model right . (720/1995) 
 
Indictment for an offence referred to in subsection 1 may be brought by the Public Prosecutor only if 
so requested by the injured party.  
Section 40 
 
Any person who intentionally or by negligence, other than slight negligence, fa ils to comply with an 
obligation under section 35, shall be liable to a fine for failure to comply with the obligation to furnish 
information relating to a utility model . 
 
Any person who provides false information in a case re ferred to in said section shall also be liable to 
the same penalty, unless the act is punishable under the Penal Code.  Indictment for an offence referred to in the presen t section may be brought by the Public Prosecutor 
only if so requested by the injured party.  Section 41 
 
Where a utility model registration has been declared  invalid by a final decision, no penalty, payment 
of compensation or other sanction may be ordered und er section 2 of Chapter 49 of the Penal Code or 
sections 36 to 39 of this Act. (720/1995) 
 
Where it is claimed in an action for infringement of a utility model right that the registration does not comply with this Act, the court may, at the defe ndant's request, stay proceedings or the decision until 
a final decision has been taken on the invalidity re quest. Where no request for invalidation has been 
filed with the Registration Authority, the court shal l order the defendant, in connection with the stay 
of proceedings, to file such a request wi thin the period of time it shall determine. 
 
Section 42 
 
Any person who wishes to bring an action for transfer of a utility model right or for the granting of a compulsory licence shall give the Registration Auth ority notice thereof and shall notify all persons 
recorded in the Utility Model Register as licensees under the utility model right or as proprietors of a 
pledge therein. If a licensee wishes to bring an action for utility model infri ngement, he shall notify 
the proprietor of the right thereof.  The requirement to notify pursuant to subsection 1 shall be deemed satisfied when notification by 
registered letter has been sent to the a ddresses recorded in the Utility Model Register. 
 
If the plaintiff cannot prove, at the time the action is brought, that he has given notice pursuant to subsection 1, he shall be given a sufficient period of time to do so. If he does not avail himself of that 
period of time, the action shall be dismissed.   IP/N/1/FIN/P/18 
 Page 19 
 
 
  Section 43 (700/2008) 
 
The District Court of Helsinki shall be the compet ent court in which proceedings are heard in respect 
of:  
(1) proper title to an invention for which a utility model right has been sought; 
 (2) transfer of a utility model right;  (3) the granting of compulsory licences, the amendm ent of conditions for compulsory licences or the 
revocation of a right referred to in 32(1); 
 (4) infringement of a utility model right or non-comp liance with the obligation to furnish information 
relating to a utility model; or  
(5) assessment of the compensation due under section 37. 
 
Section 44 
 
The provisions of sections 66 and 67 of the Patents Act shall apply mutatis mutandis to the proceedings referred to in section 43. 
 
Section 45 
 
The court shall communicate to the Registration Au thority a copy of any decisions given in the 
proceedings referred to in section 43, together with  a statement as to whether the decision is final. 
 
The court's obligation to give notice of the decision by registering it in the decision notification system included in the judicial administration' s national information system, or by issuing the 
information to the Legal Register Centre for furthe r delivery to the Registration Authority, shall, if 
necessary, be stipulated by a Decree of the Ministry of Justice. In the registration or delivery of such 
information, the act on the judicial administrati on's national information sy stem (372/2010) and the 
provisions issued under it shall apply. (395/2010) 
 Subsection 2 as amended by the Act 395/2010 shall enter into force on 1 December 2010.  
Chapter 8a (1396/1995) 
 
International applications  Section 45 a (1396/1995) 
 
In this Act "an international app lication" shall mean an application relating to a utility model filed 
under the Patent Cooperation Treaty (Finnish Treaty Series 58/80). 
 International applications shall be filed with a re gistration authority or an international organisation 
(receiving office) authorised under the Patent Coopera tion Treaty and its Regulations to receive such 
applications. The receiving office in Finland shall be  the National Board of Patents and Registration, 
as laid down by Government decree. Applicants fili ng an international utility model application in 
Finland shall pay the prescribed fees.  IP/N/1/FIN/P/18 
Page 20  
 
  Unless otherwise provided in sections 45b to 45d or 45f, the provisions of Chapter 3 of the Patents 
Act in respect of the processing of international pate nt applications shall mutatis mutandis apply to the 
processing of international utility model app lications designating Finland. (700/2008) 
 
Section 45b (700/2008) 
 
An international utility model a pplication to which a receiving office has assigned an international 
filing date shall have the same effect in this c ountry as a Finnish utility model application filed on the 
same date. The second sentence in section 2(2) shall onl y apply to an international application that has 
been pursued under section 45d. 
 
Section 45c (1396/1995) 
 
An international utility model application shall be  deemed withdrawn as far as the designation of 
Finland is concerned in the cases referred to in Article 24(1)(i) a nd (ii) of the Patent Cooperation 
Treaty. 
 
Section 45d (700/2008) 
 
If an applicant wishes to pursue an international utility model application in Finland, he shall file with 
the Patent Authority a translation in Finnish or Swedish of the international application within 
31 months of the international filing date or, where prio rity is claimed, of the priority date, or a copy 
of the application where it is written in Finnish or  Swedish. The applicant shall pay the prescribed 
registration fee to the Registration Authority within the same period.  If the applicant has paid the prescribed registration f ee within the time limit la id down in subsection 1, 
the required translation or a copy of the applica tion may be filed within a further period of two 
months, provided the prescribed additional fee is paid within that same period. 
 If the application, in cases referred to in subsection 1,  does not satisfy the requirements of this Act, the 
applicant may within a period of two months from th e time limits referred to in subsection 1 render 
the application so as to comply with the requireme nts as to the form and content of the Implementing 
Regulations of the Patent Cooperation Treaty. If the applicant does not satisfy the requirements of this 
section, the application shall be deemed w ithdrawn as far as Finland is concerned. 
 
Section 45e (700/2008) 
 Section 45e has been repealed by the Act of 7 November 2008. 
 
Section 45f (700/2008) 
 
Where an international application has been pursu ed under section 45d, the provisions of Chapters 2 
and 5 shall apply in respect of the application and examination, unless otherwise provided in this 
section or in sections 34 to 38 of the Patents Act.  However, the application may be taken up for 
examination prior to the expiration of the period laid down in section 45d(1), only if so requested by 
the applicant.  The obligation under section 10 of the applicant to  have a representative domiciled in the European 
Economic Area does not begin until the date when th e application may be taken up for examination. 
 When 18 months have elapsed since the filing date of the application or, if priority is claimed, from the priority date, and the applicant has satis fied his obligation under section 45d to submit a 
translation or, where the application has been wr itten in Finnish or Swedish, the applicant has  IP/N/1/FIN/P/18 
 Page 21 
 
 
  submitted a copy of the application to the Registra tion Authority, the application documents shall be 
available to the public even before the applicant has pursued the application. 
 
Chapter 9 
 
Miscellaneous provisions 
 Section 46 (1037/1992) 
 
Separate provisions shall apply to the amounts of fees to be paid under the present Act. 
 
Section 47 (700/2008) 
 
Further provisions on utility m odel applications, the Utility Mode l Register and the Registration 
Authority will be issued by Government Decree. Detailed technical regulations concerning utility 
model applications may be issued by the Registra tion Authority. Such regulations may concern the 
utility model application and its processing, regist ration, amendments and time limits and other 
comparable technical issues.  
Section 48 
 The provisions of section 75 of the Patents Act concerning the obligation to surrender rights in an 
invention in certain cases and the compensation to be  paid therefore shall apply mutatis mutandis to 
utility model rights.  Separate provisions shall apply in respect of invent ions of importance to the defence of the country. 
(1396/1995) 
 
Chapter 10 
 Entry into force and transitional provisions  
Section 49  
This Act will enter into force on a date to be defined by decree.  Applications filed prior to the entry into force of this Act may not serve as a basis for a priority claim 
under section 5. 
 Patent applications filed or deemed to have been filed prior to the en try into force of this Act may not 
be converted into applications for utility models under section 8. 
  
__________