WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/FIN/P/9 
9 February 2007 
 (07-0595) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
FINLAND
 
  The present document reproduces the consolidated text
1 of  the Utility Model 
Act 10.5.1991/800 as amended up to 1995/1696 incl. , notified by Finland under Article 63.2 of the 
Agreement (see document IP/N/1/FIN/2). 
 
 
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 actualisé1 de la Loi 10.5.1991/800 sur les modèles 
d'utilité, modifiée jusqu'en 1995 (1995/1696) inclusiv ement, notifiée par la Finlande au titre de 
l'article 63:2 de l'Accord (voir le document IP/N/1/FIN/2). 
 
 
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 texto1 refundido de la Ley de  Modelos de Utilidad 
Nº 10.5.1991/800 y sus modificaciones hasta 1995 (1995/ 1696) inclusive, notificado por Finlandia en 
virtud de lo dispuesto en el párrafo 2 del artícul o 63 del Acuerdo (véase el documento IP/N/1/FIN/2). 
                                                      
1 In English only. The text is available for co nsultation by interested Delegations at the WTO 
Secretariat in Finnish and Swedish./En anglais seulement.  Les délégations intéressées peuvent consulter le texte 
en finnois et suédois au Secrétariat de l'OMC./En inglés solamente.  Las delegaciones interesadas podrán 
consultar en la Secretaría de la OMC el texto en finlandés y sueco. IP/N/1/FIN/P/9 
Page 2  
 
  Utility Model Act 10.5.1991/800 (Unofficial translation) 
 
(Amendments up to 1995/1696 included) 
 
 
Chapter 1  
General provisions 
 
Section 1 
 
Anyone who has made an invention, or his succe ssor 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.  The following, as such, shall not be regarded as inventions: 
 (1) discoveries, scientific theo ries and mathematical methods; 
 (2) aesthetic creations:  (3) schemes, rules and methods for performing mental acts, playing games or doing business, 
and programs for computers; and  (4) presentations of information.  Utility model rights shall not be granted for:  (1) inventions the exploitation of which woul d be contrary to morality or public policy; 
 (2) plant or animal varieties; or  (3) processes.  
Section 2 
 
An invention must be new in relation to what was known before the filing date of the utility 
model right application and must differ distinctly therefrom. 
 The prior art shall be held to comprise everythi ng made available to th e public by means of a 
written or oral description, by use or in a ny other way. Additionally, the content of utility 
model right, patent and design applications as  filed in this country prior to the above-
mentioned filing date shall be regarded as compri sed in the prior art if such applications are 
made available to the public under Section 18 of this Act, S ection 22 of the Patents Act or 
Section 19 of the Registered Designs Act. The re quirement set out in the first paragraph, that  IP/N/1/FIN/P/9 
 Page 3 
 
 
  the invention must differ distin ctly from the prior art known before the filing date of the 
application for a utility model right, sh all not apply, however, in such cases. 
 Applications referred to in Ch apter 8 a shall, for the purpose s of the second paragraph, have 
the same legal effect as applicat ions for utility model right filed in this country, pursuant to 
provisions laid down in Sections 45b and 45f. 
 A utility model may be neverthele ss be registered for inventions  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 rela tion to the applicant or his predecessor in title; or 
 2) the fact that the applicant or his predecesso r in title had displayed the invention at an 
official or officially recognized internationa l exhibition falling within the terms of the 
Convention on International Exhibitions  (Finnish Treaty Series 36/37). 
 For the purposes of the second paragraph, p ublication according to  Article 93 of the 
European Patent Convention (Fi nnish Treaty Series 8/96) shal l be equated with the making 
available to the public of application documents  according to Section 22 of the Patents Act. 
What is said above, also applies to publicatio n according to Article 158(1) of the European 
Patent Convention where the European Pate nt Office equates such publication with 
publication according to Article 93.  
Section 3 
 
The exclusive right conferred by registration of  a utility model shall imply, subject to the 
exceptions stated below, that no one may expl oit an invention without the consent of the 
proprietor of the utility mode l right 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 proprietor the exclusive right to prevent any 
person not having his consent from supplying or offering to supply any person not en titled to 
exploit the invention with the means of working th e invention in this country in relation to an 
essential element of the invention where such  other person knows, or on the basis of the 
circumstances should have known, that the mean s are suitable and intended for working the 
invention. This provision shall not apply wher e the means are staple  commercial products, 
except where such other person attempts to induce the receiver to commit any act infringing the exclusive right referred to in the first para graph of this Section. For the purposes of this 
paragraph, any person using the invention in a manner referred to in the third paragraph, item 
(1), or (3), shall not be regarded as entitled to exploit the invention. 
 The exclusive right shall not apply to:  1) use which is not commercial;   IP/N/1/FIN/P/9 
Page 4  
 
  2) use of a product protected by registration of a utility model right that has been put on the 
market within the European Economic Area by or  with the consent of the proprietor of the 
utility model right; or  3) use in experiments relati ng to the invention as such. 
 
Section 4 
 
The provisions of Sections 4 and 5 of th e Patents Act regarding commercial use or 
exploitation of an invention on fo reign vessels, aircraft or othe r means of transport for their 
needs shall apply mutatis mutandis on an invention for the purposes of this Act. 
 
Section 5 
 
An application for registration of a utility mode l right relating to an invention disclosed not 
earlier than 12 months before the date of f iling in an application for a patent or for 
registration of a utility m odel filed in Finland, or in an app lication for a patent, an inventor’s 
certificate or utility model protection filed in another country party to the Paris Convention 
for the Protection of Industrial Property (Fi nnish Treaty Series 36/70 and 43/75) or the 
Agreement Establishing the World Trade Organizat ion (Finnish Treaty Se ries 5/95), shall be 
deemed, for the purposes of the first and sec ond paragraphs of Section 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 applica tion for protection filed in a country not 
party to the above mentioned conventions if  the corresponding priority deriving from a 
Finnish application is granted in  such country and if the laws of such country substantially 
conform to those conventions.  The Government, or a Registering Authority appointed by the Government, shall lay down 
the manner in which priority claims shall be  filed and the documents to be submitted in 
support of claims. 
 
 
Chapter 2 
Applications for Utility Mode l Rights and Their Processing 
 
Section 6 
 
Applications for utility model ri ghts, hereinafter referred to as  "utility model applications", 
shall be filed in writing with the National Board of Patents and Registration, acting as 
Registering Authority. In the cases referred to in  Chapter 8 a applications may also be filed 
with the patent authority of another count ry or with an international organization. 
 The application shall contain a description of the inventi on, accompanied by drawings where 
necessary, and a precise statement of the s ubject matter for which utility model right 
protection is sought (a claim). More specifi c provisions regarding drawings accompanying 
the application shall be laid down by decree. The description shall be sufficiently clear to 
enable a person skilled in the art to carry out the invention with the guidance thereof. Where  IP/N/1/FIN/P/9 
 Page 5 
 
 
  the invention relates to  a product of a microbiological proce ss, Section 8a and paragraphs 6 
and 8 of Section 22 of the Patents Act shall apply mutatis mutandis. 
 The inventor’s name shall be stat ed in the application. If a util ity model right is applied for by 
a person other than the invent or, the applicant shal l be required to prove  his title to the 
invention.  
Section 7 
 
The description and claim shall be written in Finnish or Swedish in compliance with the 
language laws in force. If the claim is written in one only of  the two national languages, the 
Registering Authority shall have  the claim translated into th e other national language before 
the utility model is registered. The applicant sh all pay the prescribed translation fee. Where 
the applicant is a foreigner, the description shall be writte n in Finnish and the claim in 
Finnish and Swedish. However, all applicants shall be entitled to write the description of the 
invention and the claim in both Finnish and Swedish.  The applicant shall pay the prescribed registrati on fee. The application shall be deemed not to 
have been filed until th e fee has been paid. 
 
Section 8 
 
A utility model application may also result fr om conversion of a pending patent application 
relating to the same invention into an applic ation for a utility model right, which shall be 
deemed to have been made on the filing date of the patent application. However, conversion 
shall not be allowed after expiry of ten years from the day the pa tent application is deemed to 
have been filed. In other respects, the provisions relating to applications for utility models shall also apply in th e case of such utility model applications. 
 A patent application shall remain pending even  if it is converted into a utility model 
application unless the appli cant specifically withdraw s the patent application. 
 
Section 8 a 
 
If a European patent application under the Eu ropean Patent Convention is to be deemed 
withdrawn because it has not in due time been received by the European Patent Office from the national Registering Authority of the C ontracting State of the European Patent 
Convention with which the application was file d, it shall, at the a pplicant’s request, be 
converted into a utility mode l application, provided that: 
 
1) the request is submitted to the national Regi stering Authority of th e Contracting State of 
the European Patent Convention within three months of the date the European Patent Office notified the applicant that the application is deemed withdrawn;  2) the request is received by the Registering Au thority within 20 months of the filing date of 
the application or, where priority is cl aimed, from the date of priority; and 
 IP/N/1/FIN/P/9 
Page 6  
 
  3) the applicant pays the prescribed applicatio n fee and submits the tr anslation 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 the European Patent Office within the prescribed time limit, it may, at the request of the applicant, be converted into a national 
utility model application in compliance with the provisions of Articles 135 and 136 of the 
European Patent Convention. The applicant sha ll additionally pay the Registering Authority 
the prescribed application fee and submit a tran slation pursuant to Section 7 of the utility 
model application within the prescribed time limit.  If a utility model application within the m eaning of paragraphs 1 and 2 satisfies the 
requirements as to form of the European Patent Convention and its Implementing Regulations, it shall be a ccepted in these respects. 
 
Section 9 
 
A utility model right may not be applied for in respect of two or more mutually independent 
inventions in the same application.  At the applicant’s request, a utility model appli cation may be divided, in which case the new 
application shall be deemed to  be filed at the same time as the original application. 
 
Section 10 
 
An applicant for and a proprietor of a utility model right not domiciled in Finland shall be 
required to appoint a representa tive domiciled in the country to represent him in all matters 
concerning the application and the registered utility model.  
Section 11 
 
A utility model application may not be amended in  such a way that a utility model right is 
claimed for matter not disclosed in the original  application. 
 
Section 12 
 
The Registering Authority shall check that the application complies with the provisions of the second and third paragraphs of S ection 1, and Sections 6 to 11. 
 The Registering Authority shall classify the application. 
 
The applicant or, after the util ity model has been entered 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 fo r which utility model registration has been 
granted or a utility model application filed satis fies the requirements laid down in the first 
paragraph of Section 2. The prescribed fee is payable for the examination.   IP/N/1/FIN/P/9 
 Page 7 
 
 
  Section 13 
 
If the applicant fails to satisfy the requirements for the application, or if the authority finds 
other obstacles to the registrati on of the utility mode l, the 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, within the specified period of time, the obstacles, th e application shall be dismisse d. The official action issued 
pursuant to the first paragraph shal l include a notice to that effect. 
 A dismissed application may be reinstated if, w ithin 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 still remains an obstacle to the registration of the utility model which the applicant has had an op portunity to comment on, the 
application shall be rejected, unless there is reason to issue a further official action to the applicant.  
Section 15 
 
If a person other than the applicant claims title to the invention before the Registering 
Authority, and if the circumstances are held to  be uncertain, the Registering Authority may 
invite such other person to institute legal proc eedings before a court of law within a specified 
period of time, failing which the claim will not be taken into consideration. 
 If proceedings for title to an invention in re spect of which utility model protection has been 
applied for are pending before a court, the processing of the utility model application may be suspended until a final decision has been given in such proceedings.  
Section 16 
 
If a person proves to the Register ing Authority that he has titl e to the invention and not the 
applicant, the Registering Authority shall, if su ch person so requests, tr ansfer the application 
to him. At the same time, he shall pay a new application fee.  
The application shall not be di smissed, rejected, granted or w ithdrawn until a final decision 
has been taken on the request.  
Section 17 
 
If the application satisfies the requirements of the second and th ird paragraphs of Section 1, 
and of Sections 6 to 11, the utility model shal l be recorded in the Utility Model Register. IP/N/1/FIN/P/9 
Page 8  
 
  Public notice shall be given of the registration and a certificate of  registration shall be issued 
to the applicant.  
Section 18 
 
The application file shall be available to the pub lic as from the date of  registration or no later 
than when 15 months have elapsed since the da te 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 applican t, registration may be postponed for a period of no more than 15 
months from the date the applications was file d or is deemed to have been filed, or, where 
priority has been claimed, from the priority da te. If the application has been dismissed or 
rejected, the file shall become available to the public only if the applicant requests for reinstatement of the application or appeals ag ainst the decision by which the application was 
rejected. A prescribed fee is payable for the postponement of the registration. 
 At the applicant’s request, the application file  may be made availabl e to the public earlier 
than provided for in the first paragraph. 
 
 
Chapter 3 
Opportunity to require that the registration be declared invalid 
 
Section 19 
 
If an invention for which a utility model right has been registered or an application for a 
utility model right does not satisfy the requi rements laid down in the second to fourth 
paragraphs of Section 1, Secti on 2, the second para graph of Section 6, or  Sections 8 or 11, 
any person may request that the re gistration of the utility model be declared invalid in whole 
or in part.  The request shall be made to the Registering Au thority in writing and state the facts on which 
it is based. The person making the request shall pay the prescribed  fee. If the payment is not 
made, the request will not be considered.  A request that a registration be declared inva lid shall not be consid ered if proceedings 
concerning transfer of th e registration are pending. 
 
Section 20 
 
The Registering Authority shall notify the proprie tor of the utility mode l right of any request 
made under Section 19 and give him an opportunity to file comments on the request within a 
specified period of time. If a partial invali dation of the registration is concerned, the 
proprietor shall submit a reworded claim to the Registering Authority within the same 
specified period of time. If he does not oppose th e request within the sp ecified period of time, 
the registration shall be d eclared invalid in whole. 
  IP/N/1/FIN/P/9 
 Page 9 
 
 
  If the proprietor of the utility  model right opposes the request,  it shall be examined by the 
Registering Authority.  
Section 21 
 
If the Registering Authority ascertains, as a resu lt of the request, that the invention to which 
the utility model right relates, or the application for a utility model does not fulfill the requirements of the second to fourth paragrap hs of Section 1, of the second paragraph of 
Section 6, or of Section 8, 9 or  11 of the Act, the registration of the utility model shall be 
declared invalid in whole or in part.  If a registration has been d eclared invalid, the decision sh all be published once it becomes 
final. 
 
 
Chapter 4 
Appeals 
 
Section 22 
 
A utility model right applicant or proprietor may seek appeal of a final decision concerning registration or declaration of inva lidation of the utility model right , if the decision is not in his 
favour. The person requesting a declaration of inva lidation of a utility mo del may seek appeal 
if his request is rejected by the decision.  Appeal of a decision rejecting a request for re instatement under the thir d paragraph of Section 
13 or a decision granting a request for transf er of an application under Section 16 may be 
sought by the applicant. A ppeal of a decision rejec ting a request for transf er of an application 
may be sought by the person making the request.  
Section 23 
 
An appeal from a decision taken by the Regist ering Authority under the present Act shall be 
brought by filing an appeal with the Board of Appeal of the National Board of Patents and 
Registration. Separate provisions shall apply to the appeal procedure and the proceedings 
before the Board of Appeal. 
 
 
Chapter 5 
Scope and Term of Protection 
 
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. 
 IP/N/1/FIN/P/9 
Page 10  
 
  Section 25 
 
The term of protection of a util ity model registration shall be four years from the filing date 
of the application and may, on re quest, be renewed twice, first for a period of four years and 
then for a period of two years.  
Section 26 
 
Renewal of a registration shall be requested in writing from the Registering Authority not 
earlier than one year before and not later than six months after the registration term expires.  
Within the same period of time the proprietor of the utility model shall pay the prescribed 
renewal fee. After the expiration of the running registration term the renewal fee shall be paid 
raised by a prescribed amount.  The renewal of a registration shall be announced. 
 
 
Chapter 6 
Assignment, Licences and Compulsory Licences 
 
Section 27 
 
A utility model right may be transferred.  If another person has obtained the right to expl oit the invention commercially (licence), such 
person may transfer his right to a furthe r person 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 case the assi gnor shall remain liable for 
compliance with the licence agreement.  
Section 28 
 
The transfer of a utility model right or the gran t of a licence shall be recorded in the Utility 
Model Register on request and on payment of the pr escribed fee,. This shall also apply to the 
pledging of a utility model right. On proof that a licence or a pledge recorded in the Register 
is no longer in force, the entry sh all be deleted from the Register. 
 The first paragraph of this Section shall apply mutatis mutandis to compulsory licences and to 
the right referred to in the first paragraph of Section 32. 
 
The person last recorded in the Utility Model Re gister as the proprieto r of the utility model 
right shall be deemed the prop rietor for the purposes of le gal proceedings and for other 
matters concerning the utility model.   IP/N/1/FIN/P/9 
 Page 11 
 
 
  Section 29 
 
If a person acting in good faith has requested the Registering Authority to record in the 
Register that a utility model right has been tran sferred to him or that he has obtained a licence 
to a utility model or a pledge in a utility model, an earlier transf er of the utility model right or 
of rights therein shall not be en forceable against him, if the other party has not previously 
requested registration of his acquisi tion in the Utility Model Register. 
 
Section 30 
 
Where two years have elapsed since the registra tion of the utility model and the invention has 
not been worked or brought into use to a reas onable extent 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.  The provisions of Sections 46 to 50 of the Pate nt Law relating to compulsory licences to 
exploit inventions protected by patents shall apply mutatis mutandis with respect to utility 
model rights. 
 
 
Chapter 7 
Termination of Utility Model Right and Obligation to Furnish Information 
 
Section 31 
 
Where a utility model has been registered in the name of a person other than the person entitled under Section 1 and wher e an action is brought  by the person havi ng 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 the plaintiff’s ga ining 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 ti me the utility model was registered or was 
transferred to him.  
Section 32 
 
Where a person dispossessed of a registrati on in accordance with Section 31 had, in good 
faith, begun commercial exploitation of the invention in this country or had made substantial 
preparations therefor, he shall be entitled, against reasonable remuneration and on other 
reasonable terms, to continue the exploitati on 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 the firs t paragraph of this Section may only be transferred to others 
together with the enterprise in which it is exploited or inte nded to be exploited. 
 IP/N/1/FIN/P/9 
Page 12  
 
  Section 33 
 
Where the proprietor of a utility model right notifies in writing that he relinquishes his 
registration,, the Registering Authority shall delete the utility model from the Register. 
 Where a utility model is seized for debt or is su bject to a pledge that ha s been recorded in the 
Register or if an action for transfer of the re gistration is pending, the ut ility model may not be 
deleted from the Register at the proprietor’s reque st as long as the seizure 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 transferred by final decision of a court, the Registering Authority shall pub lish a notice to that effect. 
 
Section 35 
 
The provisions of Section 56 of the Patent s Act concerning the obligation to furnish 
information in respect of a patent shall ap ply mutatis mutandis to a utility model right. 
 
 
Chapter 8 
Liability, Payment of Compen sation and Court Proceedings 
 
Section 36 
 
The court may forbid any person who infringe s the exclusive right conferred by a utility 
model right from continui ng or repeating the act. 
 
Section 37 
 
Any person who intentionally or ne gligently infringes a utility model right shall be liable to 
pay reasonable compensation for the exploitation of the invention, as also compensation for 
other damages caused by the infringement. If  there is only slight negligence, the 
compensation may be adjusted accordingly.  A person found guilty of utility model right infr ingement that is neither intentional nor 
negligent shall pay compensation for the exploitati on of the invention if and 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 year s preceding the institution of the action. If an 
action is not instituted within that period, the right to compensati on 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.  IP/N/1/FIN/P/9 
 Page 13 
 
 
   
Section 39 
 
Any person who infringes an ex clusive right in a utility mode l right intentionally, shall, 
unless the act is punishable as an industrial property right o ffence under Section 2 of Chapter 
49 of the Penal Code, be liable to a fine  for violation of a utility model right. 
 Indictment for an offence referred to in th e first paragraph may be brought by the Public 
Prosecutor only if so requ ested by the injured party. 
 
Section 40 
 
Any person who intentionally or by negligence, other than slight  negligence, fails 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 referred to in the said Section shall also 
be liable to the same penalty, unless th e act is punishable under the Penal Code. 
 Indictment for an offence referred to in th e present Section may be brought by the Public 
Prosecutor only if so requ ested by the injured party. 
 
Section 41 
 
Where a utility model registration has been de clared invalid by a final decision, no penalty, 
payment of compensation or other sanction may be ordered under Section 2 of Chapter 49 of 
the Penal Code or Sections  36 to 39 of this Act. 
 Where the plaintiff in an action for infringement of a utility model right claims that the registration does not comply with this Act, the court may, at the defendant’s request, stay 
proceedings or the decision until a final deci sion has been taken on the invalidity claim. 
Where no request for invalidation has been file d with the Registering Authority, the court 
shall order the defendant, in connection with th e stay of proceedings, to file such request 
within the period of time it shall determine.  
Section 42 
 
Any person who wishes to bring an action for transf er of a utility model right or for grant of a 
compulsory licence shall give the Registering Authority 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 
infringement he shall notify the pr oprietor of the right thereof. 
 The requirement to notify pursuant to the firs t paragraph shall be de emed satisfied when 
notification by registered letter has been sent to the addresses recorded in the Utility Model 
Register.  IP/N/1/FIN/P/9 
Page 14  
 
  If the plaintiff cannot prove, at the time the action is brought, that he has given notice 
pursuant to the first paragraph, he shall be gi ven a sufficient period of time to do so. If he 
does not avail himself of that period of  time, the action shall be dismissed. 
 
Section 43 
 
The District Court of Helsinki shall be the comp etent court to hear pro ceedings in respect of: 
 1) proper title to an invention for whic h a utility model right  has been sought; 
 2) transfer of a utility model right;  3) grant of compulsory licen ces, amendment of conditions for compulsory licences or 
revocation of a right referred to in the first paragraph of Section 32; 
 4) infringement of a utility model right or non-compliance 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 Pa tents Act shall apply mutatis mutandis to the 
proceedings referred to in Section 43.  
Section 45 
 
The court shall communicate to the Registerin g Authority a copy of decisions given in the 
proceedings referred to in Section 43 together with a statement as to whether the decision is 
final. 
 
 
Chapter 8 a 
International Applications 
 
Section 45 a 
 
In this Act "an international application" shall mean an application relating to a utility model 
filed under the Patent Cooperation Treat y (Finnish Treaty Series 58/80). 
 
International applications shall be filed with  a registering authority or an international 
organization (receiving office) authorized under the Patent  Cooperation Treaty and its 
Regulations to receive such applications. The re ceiving office in Finla nd shall be the National 
Board of Patents and Registration, as laid dow n by Government decree. Applicants filing an 
international utility model application in  Finland shall pay the prescribed fees. 
  IP/N/1/FIN/P/9 
 Page 15 
 
 
  Unless otherwise provided in Sections 45b to 45f,  the provisions Chapter 3 of the Patents Act 
in respect of the processing of international pa tent applications shall mutatis mutandis apply 
to the processing of international utilit y model applications designating Finland. 
 
Section 45 b 
 
An international utility model application to which a receiving office has assigned an 
international filing date shall have the same eff ect in this country as a Finnish utility model 
application filed on the same date. The second se ntence in the second paragraph of Section 2 
shall only apply to an intern ational application th at has been pursued  under Section 45d. 
 
Section 45 c 
 
An international utility model application shall be deemed withdrawn as far as the designation of Finland is concerne d in the cases referred to in Ar ticle 24(1)(i) and (ii) of the 
Patent Cooperation Treaty.  
Section 45 d 
 
If an applicant wishes to pursue an internationa l utility model application in Finland, he shall 
file with the Patent Authority a translation in Finnish or Swedish of the international application within 20 months of the international filing date or, where priority 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 prescrib ed registration fee to the Registering Authority within the 
same period.  If an applicant has requested that the internati onal utility model applicat ion be the subject of 
an international prelimin ary examination, and if within 19 m onths of the date referred to in 
the first paragraph of this Section he had st ated his intention under the Patent Cooperation 
Treaty and its Regulations to use the results of  the international preliminary examination in 
applying for a utility m odel right for Finland, he  shall comply with th e requirements of the 
first paragraph within 30  months of that date. 
 If the applicant has paid the prescribed regist ration fee within the time limit laid down in the 
first or second paragraph, the re quired translation or a copy of the application 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 referr ed to in the first and second paragraphs of this Section, does 
not satisfy the requirements of this Act, the applicant may within a period of two months 
from the time limits referred to  in the first and second paragra phs render the application to 
comply with the requirements as to 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 withdr awn as far as Finland is concerned. 
 IP/N/1/FIN/P/9 
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  Section 45 e 
 
Where an applicant withdraws his request for international preliminary examination or his 
statement of his intention to use the results of such examination in applying for a utility 
model right for Finland, the international u tility model application shall be deemed 
withdrawn as far as Finland is  concerned. The application sh all not be deemed withdrawn, 
however, if withdrawal is made prior to the expiration of the time limit laid down in the first 
paragraph of Section 45d and if the applicant also pursues the applic ation within the time 
limit laid down in the first, third or fourth paragraph of Section 45d.  
Section 45 f 
 
Where an international application has b een pursued under Sec tion 45d, provisions of 
Chapters 2 and 5 shall apply in respect of th e 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 expira tion of the period laid down in the first and 
second paragraphs of Section 45d only if so requested by the applicant. 
 The obligation under Section 10 of  the applicant to have a representati ve domiciled in the 
country does not begin until the date when the application may be taken up for examination. 
 When 18 months have elapsed since the date of filing of the application or, if priority is 
claimed, from the priority date, and the appl icant has satisfied his obligation under Section 
45d to submit a translation or, where the applica tion has been written in Finnish or Swedish, 
the applicant has submitted a copy of the ap plication to the Registering Authority, the 
application documents shall be made available to the public even before the applicant has 
pursued the application. 
 
 
Chapter 9 
Special Provisions 
 
Section 46 
 
Separate provisions shall appl y to the amounts of fees to be  paid under the present Act.  
 
Section 47 
 
More detailed provisions to regulate utility model applications, the Utility Model Register and also the Registering Aut hority shall be issued by G overnment decree. Detailed 
regulations concerning utility m odel applications and their pr ocessing may be issued by the 
Registering Authority.  
Section 48 
 
The provisions of Section 75 of the Patents Ac t concerning the obligation to surrender rights 
in an invention in certain cases and the compen sation to be paid therefor shall apply mutatis 
mutandis to utility model rights.  IP/N/1/FIN/P/9 
 Page 17 
 
 
   
Separate provisions shall apply in respect of inventions of importance to the defence of the 
country. 
 
 
Chapter 10 
Entry into Force and Transitional Provisions 
 
Section 49 
 
This Act shall enter into force on a da te to be decreed by the Government. 
 Applications filed prior to the entry into for ce 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 entry into force of this Act may not be converted into  applications for utility  models under Section 8. 
 
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