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Loi sur les modèles d'utilité (text consolidé au 1er juillet 2000), Estonie

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Détails Détails Année de version 2000 Dates Entrée en vigueur: 23 mai 1994 Adopté/e: 16 mars 1994 Type de texte Principales lois de propriété intellectuelle Sujet Brevets (Inventions), Modèles d'utilité, Dessins et modèles industriels, Schémas de configuration de circuits intégrés, Information non divulguée (Secrets commerciaux), Protection des obtentions végétales, Mise en application des droits, Ressources génétiques, Organe de réglementation de la PI

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Texte(s) principal(aux) Textes connexe(s)
Texte(s) princip(al)(aux) Texte(s) princip(al)(aux) Anglais Utility Model Act (consolidated text of July 1, 2000)        
 Utility Model Act, 1994

Utility Models Act

(Passed 16 March 1994

(RT I 1994, 25, 407; Consolidated text RT I 2000, 60, 388),

entered into force 23 May 1994)

TABLE OF CONTENTS

Paragraph

Chapter I: General Provisions

Purpose of Act............................................................... 1

Repealed........................................................................ 2

Equality of Rights and Obligations of Persons of the

Republic of Estonia and of Foreign States .................... 3

Repealed........................................................................ 4

Chapter II: Legal Protection and Patentability of Utility Models

Legal Protection of Utility Models................................ 5

Inventions not Protected as Utility Models ................... 6

Novelty, Inventive Step and Industrial Application ...... 7

Unity of Utility Model .................................................. 8

Claims of Utility Model ................................................ 9

Priority .......................................................................... 10

Chapter III: Right to Apply for Registration of Utility Models

Right to Utility Model................................................... 11

Author of Utility Model ................................................ 12

Chapter IV: Exclusive Right of Owner of Utility Model

Owner of Utility Model................................................. 13

Exclusive Right of Owner of Utility Model .................. 14

Acts Which do not Constitute Infringement of

Exclusive Right of Owner of Utility Model .................. 15

Exhaustion of Rights..................................................... 151

Right of Prior Use ......................................................... 16 1Provisional Protection ................................................... 16

Chapter V: Registration Application and Processing Thereof

Registration Application ............................................... 17

Filing of Registration Application................................. 18

Representation of Applicant.......................................... 181

Registration Application Based on Patent Application . 19

Filing Date of Registration Application and

Acceptance Thereof for Processing............................... 20

Refusal to Accept Registration Application for

Processing ..................................................................... 201

Processing of Registration Application......................... 21

Suspension of Processing of Registration Application.. 22

Correction and Amendment of Registration

Application.................................................................... 23

Withdrawal of Registration Application ....................... 24

Termination of Processing of Registration Application 25

Resumption of Processing of Registration Application. 26

Appeal against Decisions of Patent Office During

Processing of Registration Application......................... 27

Completion of Processing of Registration Application . 28

Chapter VI: International Registration Application of Utility Model

Definition of International Registration Application of

Utility Model................................................................. 29

Specifications of Processing of International

Registration Applications.............................................. 30

Chapter VII: State Register of Utility Models

Establishment of Register ............................................. 31

Maintenance of Register ............................................... 32

Access to and Release of Data from Register................ 33

Chapter VIII: Validity of Legal protection of Utility Models

Period of Validity of Registration ................................. 34

Repealed........................................................................ 35

Chapter IX:

Chapter X:

Chapter XI:

Chapter XII:

Chapter XIII:

Amendment of Registration of Utility Model ............... 36

Repealed

Transfer of Rights to Utility Model

Transfer of Right to Apply for Registration of Utility

Model ............................................................................ 40

Transfer of Registration Application............................. 41

Transfer of Utility Model .............................................. 42

Licence.......................................................................... 43

Repealed........................................................................ 44

Contestation and Protection of Rights to Utility Model

Contestation of Authorship ........................................... 45

Contestation of Owner of Utility Model ....................... 46

Contestation of Registration.......................................... 47

Protection of Rights of Author ...................................... 48

Protection of Rights of Applicants ................................ 49

Protection of Rights of Owner of Utility Model............ 50

Protection of Rights of Other Persons........................... 51

Procedure for Hearing of Disputes Related to Utility

Models .......................................................................... 52 1Burden of Proof............................................................. 52

Representatives in Resolution of Disputes in Field of

Registration of Utility Models in Foreign States

Implementation of Act

Acts of Court Upon Filing of Statement of Claim......... 53

Participation of Patent Office ........................................ 54

Utility Models in Court ................................................. 55

Procedure for Registration ............................................ 56

Repealed........................................................................ 57

Entry into Force of Act ................................................. 58

Chapter I

General Provisions

Purpose of Act

§ 1. This Act provides for the legal protection of inventions as utility models.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

§ 2. (Repealed—09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Equality of Rights and Obligations of Persons of the

Republic of Estonia and of Foreign States

§ 3. The rights and obligations prescribed by legislation concerning the legal protection

of inventions as utility models apply, taking account of the restrictions provided for in this

Act, equally to persons of the Republic of Estonia and of foreign states (hereinafter persons).

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

§ 4. (Repealed—09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Chapter II

Legal Protection and Patentability of Utility Models

Legal Protection of Utility Models

§ 5.—(1) Utility models are inventions which are new, which involve an inventive step

and which are susceptible of industrial application.

(2) The following shall not be regarded as inventions:

1. industrial designs;

2. layout­designs of integrated circuits;

3. discoveries, scientific theories and mathematical methods;

4. schemes, rules and methods for performing mental acts or doing business;

5. design documentation for and plans of constructions, buildings or areas;

6. symbols;

7. algorithms for computers and computer programs;

8. presentations of information;

9. human bodies or parts thereof;

10. plant or animal varieties.

(3) An invention is granted legal protection upon registration in the state register of

utility models (hereinafter register).

(4) The scope of legal protection of a utility model is determined by the terms of the

claims of the utility model.

(5) Equipment, processes and materials can be protected as utility models.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Inventions not Protected as Utility Models

§ 6.—(1) The following shall not be protected as utility models:

1. inventions which are contrary to public order and morality;

2. methods of treatment and diagnostic methods practised on the human or animal

body;

3. biotechnological inventions.

(2) For the purposes of this Act, “biotechnological inventions” specified in clause (1) 3)

of this section mean:

1. inventions concerning biological materials or products which contain such materials;

2. inventions concerning the derivation or use of biological materials.

(3) For the purposes of this Act, “biological material” specified in subsection (2) of this

section means any material, including micro­organisms, which contains genetic information

and is capable of reproducing itself or being reproduced in a biological system.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Novelty, Inventive Step and Industrial Application

§ 7.—(1) An invention shall be considered to be new if it does not form part of the state

of the art. The state of the art shall be held to comprise everything made available to the

public by means of written or oral description, by use, or in any other way, before the filing

date of the registration application of a utility model (hereinafter registration application) or

before the date of priority if priority is claimed. In determining novelty, the content of

registration applications published pursuant to § 33 of this Act and of patent applications

published pursuant to § 24 of the Patents Act (RT I 1994, 25, 406; 1998, 74, 1227; 107,

1768; 1999, 84, 764) prior to the filing date of the registration application or the date of

priority, if priority is claimed, shall also be taken into consideration if the filing dates or, if

priority is claimed, the dates of priority of such applications are earlier.

(2) In determining the state of the art, no such information is taken into consideration

which is disclosed within twelve months before the filing date of a registration application or,

if priority is claimed, before the date of priority, by a person who is entitled to the registration

of a utility model pursuant to § 11 of this Act, or by any other person who has received the

information from such person against or according to the will of the person.

(3) For the purposes of this Act, an invention shall be considered as involving an

inventive step if, having regard to the state of the art, it is not obvious.

(4) A utility model shall be considered as susceptible to industrial application if it can

be manufactured or used in economy.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Unity of Utility Model

§ 8. A registration application may contain only one invention.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Claims of Utility Model

§ 9.—(1) The claims of a utility model shall define the subject matter of the invention

in words in a clear, concise and short manner.

(2) In claims, the subject matter of an invention shall be presented as a set of essential

technical features.

(3) The claims of a utility model consist of one or several claims.

(4) The description and drawings of the invention shall be used to interpret the claims

of the utility model.

(5) The description and drawings of an invention shall disclose the subject matter of the

invention in a manner sufficiently clear and concise for it to be carried out by a person skilled

in the art.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Priority

§ 10.—(1) Priority is the preferential right of the person who files the first registration

application or patent application to apply for legal protection of an invention as a utility

model. The filing date of the first registration application or patent application shall be

considered the date of priority.

(2) If a registration application is filed with the Patent Office within twelve months

after the filing date of the first registration application or patent application, priority may be

established:

1. on the basis of the filing date of the first registration application or patent application

in any State party to the Paris Convention of the Protection of Industrial Property (RT II 1994,

4/5, 19) or member of the World Trade Organisation;

2. on the basis of the filing date of the first registration application or patent application

in a state which is not a State party to the Paris Convention for the Protection of Industrial

Property or in a state which is not member of the World Trade Organisation if such state

guarantees equivalent conditions for first registration applications and patent applications

filed in the Republic of Estonia.

(3) Priority may be established for a registration application filed with the Patent Office

within twelve months by the same person for the same invention on the basis of the filing date

of an earlier registration application or patent application, provided that the earlier registration

application or patent application has not been published and priority has not been claimed on

the basis thereof for some other registration application or patent application. If an earlier

registration application is being processed, the earlier registration application is deemed to be

withdrawn.

(4) If priority is claimed, priority may be established for a registration application on

the basis of the filing dates of several registration applications or patent applications filed

earlier.

(5) Priority shall be claimed in a registration application. Documents certifying the

priority claim shall be filed together with the registration application or within sixteen months

as of the date of priority. Documents certifying the priority claim need not be submitted if

priority is claimed on the basis of a first registration application or patent application in the

Republic of Estonia.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Chapter III

Right to Apply for Registration of Utility Models

Right to Utility Model

§ 11.—(1) The right to apply for the registration of a utility model and to become the

owner of the utility model is vested in the author of the invention and a legal successor of the

author.

(2) If an invention is created in the performance of contractual obligations, the right to

apply for the registration of a utility model and to become the owner of the utility model is

vested in a person pursuant to the contract.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Author of Utility Model

§ 12.—(1) The author of a utility model (hereinafter author) is a natural person who has

created an invention as a result of his or her creative activities.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(2) If an invention is created as a result of the joint creative activities of several natural

persons, such persons are joint authors.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(3) In the case of joint authorship, all rights arising from the authorship are exercised

by the authors jointly, unless they have entered into a written agreement which prescribes

otherwise.

(4) (Repealed—09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(5) (Repealed—09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(6) Authorship is inalienable and unspecified in term.

(7) An author has the right to a pseudonym and he or she may:

1. request the disclosure of his or her name as the author;

2. prohibit the disclosure of his or her name as the author;

3. revoke at any time the prohibition to disclose his or her name.

(8) An author has the right to receive fair proceeds from the profit received from the

utility model.

(9) The proprietary rights of an author are transferable and inheritable.

Chapter IV

Exclusive Right of Owner of Utility Model

Owner of Utility Model

§ 13.—(1) The owner of a utility model is the person who is entered in the register as

the owner.

(2) Upon the registration of a utility model, the applicant for the registration of the

utility model (hereinafter applicant) is entered in the register as the owner of the utility model.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Exclusive Right of Owner of Utility Model

§ 14.—(1) The owner of a utility model has exclusive right to use the utility model, that

is:

1. to manufacture, use, sell, offer for sale or import for the aforementioned purposes a

product which contains the substance or device protected as a utility model;

2. to use or offer for use the process protected as a utility model and to use, offer for

sale, sell or import for the aforementioned purposes a product which is manufactured

according to the process protected as a utility model.

(2) In the case of products manufactured according to a process which is protected as a

utility model, the manufacture, use, distribution, sale, offering for sale or acquisition

(including by importation) for the aforementioned purposes of a similar product without the

authorisation of the owner is considered an infringement of the exclusive right of the owner of

the utility model unless it is proved that the similar product is manufactured according to a

different process.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Acts Which do not Constitute Infringement of

Exclusive Right of Owner of Utility Model

§ 15. The following acts do not constitute infringement of the exclusive right of the

owner of a utility model:

1. the use of the utility model on board of ships of other states (within the hull,

machinery, rigging, radio­navigation equipment or other equipment) if such ships are

temporarily or accidentally in the waters of the Republic of Estonia and the utility model is

used solely for the purposes of the ship;

2. the use of the utility model within the construction or auxiliary equipment of aircraft

or land vehicles of other states, or in the operation of the vehicles or equipment if such

vehicles are temporarily or accidentally in the Republic of Estonia;

3. the use of the utility model in testing related to the utility model itself;

4. the private non­commercial use of the utility model if such use does not harm the

interests of the owner of the utility model.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Exhaustion of Rights

§ 15 1 . The owner of a utility model has no right to prohibit further use for commercial

purposes of a product which contains a registered utility model when the product has been put

on the market in the territory of the Republic of Estonia or a State party to the Agreement of

the European Economic Area by the owner of the utility model or with the owner’s consent.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Right of Prior Use

§ 16.—(1) A person who, prior to the filing of a registration application for an

invention by another person, has, in good faith and independently of the person who files the

registration application, used the same invention for industrial application in the Republic of

Estonia, may continue to use the invention retaining the same general nature of application.

Use is in good faith unless the user knew or should have known that the filing of a registration

application for the invention was intended.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(2) The right of prior use also belongs to a person who has, in good faith, made serious

preparations for the industrial application of an invention in the Republic in Estonia.

(3) The right of prior use can only be transferred to another person together with the

enterprise with regard to which the right of prior use is established or in which it was intended

to be used.

Provisional Protection

§ 16 1 .—(1) An invention shall be granted provisional protection as of the filing date of

a registration application until the date when the notice of entry of registration data is

published in the official gazette of the Patent Office.

(2) A person who commences use of an invention during the period between the filing

date of the registration application and the date when the notice of entry of registration data is

published in the official gazette of the Patent Office is not deemed to infringe the exclusive

right of the owner of the utility model unless the person knew or should have known that a

registration application is filed with regard to the invention or the applicant notified the

person in writing of the filing of the registration application.

(3) Persons whom an applicant notifies of the filing of the registration application shall

be deemed, after the date when the notice of entry of registration data is published in the

official gazette of the Patent Office, to infringe the exclusive right of the owner of the utility

model as of the date of receipt of the notice concerning the filing of registration application

unless such persons have the right of prior use pursuant to § 16 of this Act.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Chapter V

Registration Application and Processing Thereof

Registration Application

§ 17.—(1) A registration application shall include the following documents:

1. a request for the registration of a utility model which contains information

concerning the applicant, the author and the name of the utility model;

2. the description of the invention;

3. the claims of the utility model;

4. the drawings referred to in the description of the invention or claims of the utility

model;

5. an abstract of the subject matter of the invention;

6. a document certifying payment of the state fee;

7. an authorisation document if the applicant has a representative.

(2) Registration application documents shall be filed in Estonian.

(3) Registration application documents, except the request for the registration of a

utility model, may also be filed in another language, if translation into Estonian is included.

(4) The requirements for the format of registration applications shall be established by

the Minister of Economic Affairs.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Filing of Registration Application

§ 18.—(1) Registration applications shall be filed with the Patent Office.

(2) A document certifying payment of the state fee shall be filed within one month as of

the date of receipt of the registration application.

(3) An authorisation document shall be filed within two months as of the date of receipt

of the registration application.

(4) Translations of registration application documents shall be filed within three

months as of the date of receipt of the registration application.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Representation of Applicant

§ 18 1 .—(1) An applicant or an Estonian patent agent (hereinafter patent agent)

authorised by the applicant shall perform procedures related to the registration or continued

validity of the registration of a utility model.

(2) If the residence or seat of an applicant is outside the Republic of Estonia, the

registration application shall be filed by the applicant or through an authorised patent agent.

The applicant shall perform the procedures related to the registration or continued validity of

the registration of a utility model which follow the filing of the registration application

through an authorised patent agent.

(3) If several applicants file a registration application jointly, they shall authorise a

patent agent or a representative from among themselves whose residence or seat is in the

Republic of Estonia to perform the procedures related to the registration or continued validity

of the registration of a utility model.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Registration Application Based on Patent Application

§ 19.—(1) A registration application may be filed on the basis of a patent application

which concerns the same invention and is being processed by the Patent Office.

(2) A registration application cannot be filed later than within ten years as of the filing

date of the patent application.

(3) The filing date and the date of priority of a patent application shall be considered as

the filing date and the date of priority of the registration application, respectively.

Filing Date of Registration Application and Acceptance Thereof for Processing

§ 20.—(1) Upon receipt of a registration application, the Patent Office shall mark every

document of the registration application with a notation of receipt. The notation of receipt

shall contain:

1. the date of receipt of the registration application;

2. the sequence number of receipt of the registration application.

(2) If a registration application is filed by post, the date the registration application is

received by the Patent Office is deemed to be the date of receipt of the registration

application.

(3) The date of receipt of a registration application by the Patent Office is deemed to be

the filing date of the registration application if at least the following documents are filed on

the date of receipt:

1. a document requesting the registration of a utility model;

2. a document describing the invention;

3. a document containing the name and address of the applicant.

(4) After the filing date of a registration application is determined pursuant to the

provisions of subsection (3) of this section, and the receipt of a document certifying payment

of the state fee pursuant to the provisions of subsection 18 (2) of this Act, the Patent Office

shall accept the registration application for processing and notify the applicant thereof in

writing.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Refusal to Accept Registration Application for Processing

§ 20 1 .—(1) The Patent Office shall refuse to accept a registration application for

processing by making a decision to refuse to accept the registration application for processing

if documents filed do not comply with the requirements provided for in subsection 20 (3) of

this Act.

(2) The Patent Office shall refuse to accept a registration application for processing by

making a decision to reject the registration application, if:

1. the document certifying payment of the state fee is missing and is not filed within

one month after the date of receipt of the registration application;

2. translation of the description of the invention is missing and is not filed within three

months after the date of receipt of the registration application;

3. the authorisation document is missing and is not filed within two months after the

date of receipt of the registration application.

(3) Upon the refusal to accept a registration application for processing, the applicant is

notified thereof in writing and the state fee is refunded.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Processing of Registration Application

§ 21.—(1) The Patent Office shall verify:

1. the format of the documents of a registration application;

2. whether the invention is in compliance with the provisions of subsection 5 (2) and

§ 6 of this Act.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(2) If priority is claimed, the Patent Office shall verify the documents certifying the

claim.

(3) The Patent Office shall determine the date of priority of a registration application.

(4) The Patent Office shall inform the applicant in writing of formal deficiencies of the

registration application documents or of any other circumstances which hinder the processing

thereof, and shall establish a due date for the elimination of deficiencies or provision of

explanations.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(5) If a registration application is in compliance with the provisions of subsection (5) 2

and §§ 6 and 17 of this Act, the Patent Office shall make a decision to register the utility

model and make an entry of the registration on the basis of the decision and shall notify the

applicant for a certificate thereof in writing.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(6) If a registration application is not in compliance with the provisions of subsection 5

(2) or § 6 or § 17 of this Act or the applicant does not eliminate the formal deficiencies of the

registration application documents or does not provide explanations, the Patent Office shall

refuse to register the utility model, shall make a decision to reject the registration application

and shall notify the applicant thereof in writing.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Suspension of Processing of Registration Application

§ 22.—(1) If an applicant does not respond by the due date determined pursuant to

subsection 21 (4) of this Act, the Patent Office shall suspend the processing of the registration

application. The processing of a registration application shall be resumed if the applicant

responds within two months as of the specified due date and pays the state fee.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(2) The processing of a registration application may be suspended and resumed only

once.

(3) (Repealed—09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Correction and Amendment of Registration Application

§ 23.—(1) An applicant may correct and amend a registration application during

processing such that no alterations are made to the subject matter of the invention which was

disclosed in the registration application on the filing date of the registration application.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(2) Corrections and amendments are deemed to alter the subject matter of an invention

if they contain essential features of the invention which were not included in the description

of the invention, the claims of the utility model or the drawings on the filing date of the

registration application.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(3) (Repealed—09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(4) During processing, the Patent Office may, without obtaining the approval of the

applicant, only edit the documents of a registration application.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Withdrawal of Registration Application

§ 24.—(1) An applicant may file a request for the withdrawal of a registration

application and may withdraw a registration application which is being processed.

Registration application documents are not returned.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(2) If several persons apply for the registration of a utility model, a request for the

withdrawal of the registration application shall be filed with the consent of all such persons.

(3) The Patent Office deems a registration application to be withdrawn:

1. if the applicant for a certificate has not responded to the demand of the Patent Office

to provide explanations or to correct or amend the documents of the registration application

within two months after the due date determined pursuant to subsection 21 (4) of this Act;

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

2. if the applicant has not paid the prescribed state fee and has not submitted the

document certifying payment of the state fee during the term of two months provided for in

subsection 22 (1) of this Act;

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

3. in the case specified in subsection 10 (3) of this Act.

Termination of Processing of Registration Application

§ 25.—(1) The Patent Office shall terminate the processing of a registration application

which is withdrawn or deemed to be withdrawn.

(2) The applicant shall be notified of the termination of the processing of a registration

application in writing.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Resumption of Processing of Registration Application

§ 26.—(1) An applicant may request resumption of the processing of a registration

application if the Patent Office has terminated the processing of the registration application by

having deemed the registration application to be withdrawn pursuant to clause 24 (3) 1) or 2)

of this Act, provided that the failure to perform the acts specified in such provisions occurred

due to force majeure or some other impediment independent of the applicant or the patent

agent representing the applicant.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(2) The Patent Office shall resume the processing of a registration application if the

applicant proves the existence of an impediment and performs the prescribed acts within two

months after the impediment ceases to exist, pays a state fee and submits the document

certifying payment of the state fee within the specified term.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(3) A request for resumption of the processing of a registration application may be filed

within one year after the term for the act which was not performed.

(4) The provisions of subsections (1), (2) and (3) of this section do not extend to the

provisions of subsection 34 (4) of this Act.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Appeal against Decisions of Patent Office During Processing of Registration Application

§ 27.—(1) The decisions of the Patent Office may be appealed against pursuant to the

procedure provided for in §§ 41­54 of the Industrial Design Protection Act (RT I 1997, 87,

1466; 1998, 108/109, 1783) to the Industrial Property Board of Appeal (hereinafter Board of

Appeal), formed pursuant to the Republic of Estonia Trade Marks Act (RT 1992, 35, 459; RT

I 1998, 15, 231; 1999, 93, 834; 102, 907), or in a court.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(2) An applicant may file an appeal with the Board of Appeal within two months as of

the date on which the decision is made and shall pay a state fee.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(3) The Board of Appeal has the right to:

1. dismiss an appeal and not to amend the decision of the Patent Office;

2. amend or annul a decision of the Patent Office and make a new decision;

3. annul a decision of the Patent Office and require the Patent Office to resume

processing.

(4) The state fee is refunded upon grant of appeal.

(5) If an appeal is partially granted, the Board of Appeal shall determine the amount of

state fee refunded.

Completion of Processing of Registration Application

§ 28. The processing of a registration application is completed by the registration of a

utility model in the register or by the rejection of the registration application.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Chapter VI

International Registration Application of Utility Model

Definition of International Registration Application of Utility Model

§ 29.—(1) International registration application of a utility model (hereinafter

international registration application) is a registration application filed on the basis of the

Patent Cooperation Treaty (RT II 1994, 6/7, 21) entered into on 19 June 1970 in Washington

(hereinafter Patent Cooperation Treaty).

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(2) (Repealed—09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(3) (Repealed—09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(4) (Repealed—09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(5) The Patent Office is the designated or elected office for such international

registration applications in which the Republic of Estonia is indicated as the designated or

elected state.

(6) International registration applications in which the Republic of Estonia is indicated

as the designated state are deemed equal to registration applications filed pursuant to §§ 17

and 18 of this Act.

(7) An international registration application in which the Republic of Estonia is

indicated as the designated state is deemed to be filed with the Patent Office on the

international filing date which is determined by the receiving office (hereinafter receiving

office), as specified in the Patent Cooperation Treaty.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(8) (Repealed—09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Specifications of Processing of International Registration Applications

§ 30.—(1) For an international registration application to be accepted for processing, an

applicant shall file with the Patent Office a written application for the international

registration application to be accepted for processing, add an Estonian translation of the

international registration application (hereinafter translation) thereto and pay a state fee within

twenty months as of the date of priority.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(2) If an applicant has chosen the Republic of Estonia within nineteen months as of the

date of priority, the applicant shall file the written application for the international registration

application to be accepted for processing together with the translation and pay a state fee

within thirty months as of the date of priority.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(3) An applicant shall be granted an additional period of two months for filing the

translation provided that the applicant pays an additional state fee upon filing the translation.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(4) An applicant may correct and amend the claims of a utility model, the description

and drawings of the invention within three months as of the filing date of an application for

the international registration application to be accepted for processing, provided that no

alterations are made to the subject matter of the invention which was disclosed in the

international registration application on the filing date thereof.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(5) If an applicant is required to be represented by a patent agent or a representative

pursuant to subsection 18 1 (2) or (3) of this Act, the patent agent or representative shall be

authorised not later than within two months as of the filing date of the application for the

international registration application to be accepted for processing.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(6) An international registration application shall lose its effect specified in subsections

29 (6) and (7) of this Act if:

1. the provisions of Article 24 (1) (i) and (ii) of the Patent Cooperation Treaty apply;

2. the applicant fails to comply with the requirements provided for in subsections (1),

(2) or (3) of this section;

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

3. the applicant withdraws the request for international preliminary examination or the

request for choosing the Republic of Estonia after expiry of the term provided for in

subsection (1) of this section;

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

4. the applicant fails to comply with the requirement established in subsection (5) of

this section.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(7) (Repealed—09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(8) (Repealed—09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(9) (Repealed—09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(10) If the receiving office refuses to accept an international filing date or reports that

an international registration application is deemed to be withdrawn, or if the International

Bureau of the World Intellectual Property Organization (hereinafter International Bureau) has

made a decision pursuant to Article 12 (3) of the Patent Cooperation Treaty, or if the

receiving office reports that the designation of the Republic of Estonia is deemed to be

withdrawn, the applicant may, within two months after receipt of the corresponding report or

decision, request the review of the international registration application in the Republic of

Estonia and request that the International Bureau send a copy of the international registration

application to the Patent Office. The applicant shall file a translation of the international

registration application with the Patent Office and, in the cases prescribed, information

concerning the patent agent, and pay a state fee during the term determined by the Patent

Office. The Patent Office shall verify the correctness of the decision of the receiving office or

the International Bureau and notify the applicant of the results. If the decision of the

receiving office or the International Bureau is incorrect, the registration application shall be

reviewed as an international registration application.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(11) If the processing of an international registration application is terminated on the

grounds that an applicant has failed to perform an act prescribed by the receiving office, the

International Searching Authority, the International Preliminary Examining Authority or the

International Bureau or an act provided for in subsections (1) and (2) of this section on time

due to force majeure or some other impediment independent of the applicant, the Patent

Office shall restore the processing of the international registration application in the Republic

of Estonia, provided that the applicant adheres to the provisions of subsections 26 (2) and (3)

of this Act.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Chapter VII

State Register of Utility Models

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Establishment of Register

§ 31. The register is established and the statutes for maintenance of the register are

approved by the Government of the Republic.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Maintenance of Register

§ 32.—(1) The Patent Office is the chief and authorised processor of the register.

(2) The register comprises the entry book and the registry file.

(3) Registry entries are entries of registration application data, entries to amend

registration application data entries, entries concerning the processing of registration

applications, entries of registration data, entries to amend registration data entries, entries

concerning renewal of registration and deletion of registration entries.

(4) A registry entry is made on the basis of a decision made by the Patent Office, the

Board of Appeal or a court judgment.

(5) A registry entry becomes valid on the date on which it is made.

(6) At the request of an applicant, the registration of a utility model in the register shall

be postponed but for not longer than eighteen months as of the date of the registration

application. The request shall be filed together with the registration application.

(7) Notices concerning entries of registration data, entries to amend registration data

entries and of deletion of registration entries shall be published in the official gazette of the

Patent Office.

(8) After the entry of registration data in the register, the Patent Office prepares a

specification of the utility model.

(9) The requirements for the format and the procedure for completion of the

specification of a utility model shall be established by the Minister of Economic Affairs.

(10) The specification of a utility model shall be kept in the registry file.

(11) After the notice of the entry of registration data is published, the Patent Office

shall issue the owner of the utility model a utility certificate which contains the specification

of the utility model.

(12) Only one utility certificate is issued regardless of the number of owners of the

utility model.

(13) The requirements for the format and the procedure for completion and issue of

utility certificates shall be established by the Minister of Economic Affairs.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Access to and Release of Data from Register

§ 33.—(1) The register is public. Everyone has the right to examine the registry files

and entry book and to obtain copies thereof.

(2) No information is released from the register concerning an author if the author has

prohibited disclosure of the author’s name.

(3) A registration application is deemed to be published as of the publication of the

notice of entry of registration data.

(4) Prior to the publication of the notice concerning entry of registration data, the

following data may be released from the register:

1. the name of the invention;

2. the index of the international patent classification adopted under the Strasbourg

Agreement concerning the International Patent Classification (RT II 1996, 4, 15);

3. the number and filing date of the registration application;

4. priority data;

5. information concerning the applicant and the representative of the applicant.

(5) Prior to the publication of the notice concerning entry of registration data, access to

a registration application processing file is granted to the applicant, persons who have the

written consent of the applicant, persons whom the applicant has informed in writing of the

filing of the registration application and warned of the applicant’s right to apply for the

registration of a utility model and to become the owner of the utility model.

(6) The description of the invention and claims of the utility model of a registration

application which is rejected, withdrawn or deemed to be withdrawn shall not be published.

(7) A state fee shall be paid for the release of written information except for the release

of information to a state agency with supervisory rights or a court.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Chapter VIII

Validity of Legal Protection of Utility Models

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Period of Validity of Registration

§ 34.—(1) A registration shall be valid for four years as of the filing date of the

registration application.

(2) The period of validity of a registration may be extended on the basis of an

application of the owner of a utility model initially for four years and thereafter for another

two years.

(3) A registration becomes prematurely invalid if the owner of the utility model files an

application for the termination of the validity of the registration.

(4) A state fee is paid for the extension of validity of a registration:

1. within six months before the date of expiry of the validity of the registration, or,

2. upon payment of additional state fee, within six months as of the date of expiry of

the validity of the registration.

(5) A state fee is deemed to be paid if the Patent Office receives a document certifying

payment of the state fee.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

§ 35. (Repealed—09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Amendment of Registration of Utility Model

§ 36.—(1) The owner of a utility model may amend the registration of the utility model

during the period of validity of the registration provided that the amendments shall not alter

the subject matter of the invention or extend the scope of legal protection.

A request for making amendments to the registration of a utility model and a document

certifying payment of the state fee shall be filed with the Patent Office.

(3) The owner of a utility model may file a request with the Patent Office for the

making of amendments to correct obvious spelling mistakes and calculation errors which

restrict the scope of legal protection of the utility model within one year after the publication

of the notice concerning entry of registration data.

(4) The extension of the scope of legal protection of a utility model caused by

amendments made on the basis of subsection (3) of this section shall not restrict the rights of

persons who had, prior to the publication of the notice concerning the making of amendments

to the registration of the utility model, taken into consideration the initial scope of legal

protection of the utility model in their economic and commercial activities.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Chapter IX

(Repealed—09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Chapter X

Transfer of Rights to Utility Model

Transfer of Right to Apply for Registration of Utility Model

§ 40.—(1) A person who has the right to apply for the registration of a utility model

pursuant to section 11 of this Act may transfer such right to another person.

(2) The right to apply for the registration of a utility model shall transfer to a successor

or a legal successor.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Transfer of Registration Application

§ 41.—(1) An applicant may transfer a registration application which is being

processed by the Patent Office to another person.

(2) In the event of the death of an applicant or dissolution of an applicant who is a legal

person, a registration application which is being processed by the Patent Office shall transfer

to a successor or a legal successor.

(3) In order to amend the applicant’s data in the entry of registration data, the applicant

or the person to whom the registration application is transferred shall file a corresponding

application and a document certifying payment of the state fee with the Patent Office. If the

application is filed by the person to whom the registration application is transferred, the

person shall annex the document certifying the transfer or a certified copy thereof to the

application.

(4) A registration application is deemed to be transferred to another person as of the

date on which the entry to amend the registration application data entry is made.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Transfer of Utility Model

§ 42.—(1) The owner of a utility model may transfer the utility model to another

person.

(2) In the event of the death of the owner of a utility model or dissolution of an owner

who is a legal person, the utility model shall transfer to a successor or a legal successor.

(3) In order to amend the data concerning the owner of a utility model in the entry of

registration data, the owner of the utility model or the person to whom the utility model is

transferred shall file a corresponding application and a document certifying payment of the

state fee with the Patent Office. If the application is filed by the person to whom the utility

model is transferred, the person shall add to the application the document certifying the

transfer or a certified copy thereof.

(4) The application specified in subsection (3) of this section shall be filed within one

year after the date of transfer of the utility model determined by the transaction or after the

date of creation of legal succession. If the utility model is transferred pursuant to a court

judgment, the application shall be filed within one month after the date on which the court

judgment enters into force. Upon disregard of the terms specified in this subsection, the

registration is deemed to be invalid.

(5) A utility model is deemed to be transferred to another person as of the date of

transfer of the utility model determined by the transaction or court judgment or the date of

creation of legal succession.

(6) A person to whom a utility model is transferred pursuant to the provisions of this

section may commence use of the rights of the owner of the utility model as of the date on

which the entry to amend the registration data becomes valid.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Licence

§ 43.—(1) The owner of a utility model (licensor) may, pursuant to a written licence

agreement (hereinafter by way of a licence), grant the use of the rights of the owner of the

utility model listed in subsection 14 (1) of this Act to another person or persons (licensee) in

part or in full.

(2) With the consent of a licensor, a licensee may, by way of a sublicence, transfer the

rights deriving from a licence to a third person.

(3) The term of a licence shall not be longer than the term of the registration.

(4) Licences may be registered in the register. An unregistered licence has no legal

force with respect to third persons.

(5) Upon transfer of a utility model to another person in the cases provided for in § 42

of this Act, the rights and obligations deriving from the licence are also transferred to the said

person.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

§ 44. (Repealed—09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Chapter XI

Contestation and Protection of Rights to Utility Model

Contestation of Authorship

§ 45.—(1) Disputes concerning authorship are resolved in court after the registration of

a utility model.

(2) Any person who finds that he or she is, pursuant to subsection 12 (1) or (2) of this

Act, the author or joint author of a utility model, may file an action in court against the owner

of the utility model for certification of his or her authorship.

(3) Authorship may be contested by the author or a successor of the author.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Contestation of Owner of Utility Model

§ 46.—(1) Any person who finds that the right to a utility model belongs to the person

may, within one year as of the publication date of the notice concerning entry of registration

data or, upon transfer of a utility model, as of the publication date of the notice of entry to

amend registration data, file an action in court against the owner of the utility model for the

utility model to be transferred.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(2) Upon satisfaction of an action filed pursuant to subsection (1) of this section, the

defendant who has used the invention or has made serious preparations to use the invention

may, after the transfer of the utility model, apply for the use of the invention for a charge or

free of charge, provided that the invention shall be used for the same purposes.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(3) A person who considers that a registered utility model does not comply with the

provisions of subsection 5 (1) or the description of invention of such utility model does not

comply with the provisions of subsection 9 (5) or the invention does not correspond to the

subject matter of the invention as disclosed in the initial registration application and the

registration hinders the economic or commercial activities of such person, may file an action

in court against the owner of the utility model for the registration to be declared unlawful.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(4) An action specified in subsection (3) of this section may be filed during the period

of validity of the registration.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(5) If a registration is declared invalid, the Patent Office shall delete the registration

entry if the owner of the utility model or a person specified in subsection (3) of this section

files an application accompanied by a copy of the court judgment which has entered into force

with the Patent Office.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Contestation of Registration

§ 47.—(1) Any interested person who considers that the registration of an invention by

the Patent Office is contrary to the requirements for the format specified in subsection 17 (4)

of this Act or the provisions of subsection 5 (2) or § 19 may file an action in an administrative

court pursuant to the procedure provided for in the Code of Administrative Court procedure

(RT I 1999, 31, 425; 96, 846) to declare the registration of the utility model unlawful and

require that the Patent Office resume the processing of the registration application and make a

new decision.

(2) An action specified in subsection (1) of this section may be filed within three

months as of the publication date of the notice concerning entry of registration data.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Protection of Rights of Author

§ 48.—(1) The author of a utility model may file, without a limitation period, an action

in court upon infringement of the rights provided for in subsection 12 (7) of this Act and for

the resolution of other non­proprietary disputes deriving from authorship.

(2) The author of a utility model may file an action in court for the resolution of a

proprietary dispute relating to the use of a utility model within three years as of the date on

which the author becomes or should have become aware of the infringement of the author's

right.

Protection of Rights of Applicants

§ 49.—(1) Pursuant to § 27 of this Act, an applicant may file an appeal with the Board

of Appeal against a decision of the Patent Office or may, within two months as of the date of

the decision, file an action with an administrative court.

(2) Upon disagreement with a decision of the Board of Appeal, an applicant may

contest the decision by filing an action with an administrative court within three months as of

the date of the decision.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Protection of Rights of Owner of Utility Model

§ 50.—(1) The owner of a utility model has right of recourse to a court:

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

1. for termination of an infringement of the exclusive right, prevention of the

recurrence of an infringement of the exclusive right and restoration of the status quo prior to

the infringement of the exclusive right;

2. for compensation for damage caused by a violation of the exclusive right;

3. (Repealed—09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

4. for resolution of disputes relating to a licence;

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

5. for contestation of decisions of the Patent Office and the Board of Appeal.

(2) Persons who infringe the exclusive rights of the owner of a utility model by

wrongful behaviour bear administrative or criminal liability in the cases prescribed by law.

(3) A person who infringes the exclusive right of the owner of a utility model by a

wrongful act and causes the owner proprietary damage is required to compensate for the

damage. Upon use of a utility model in good faith, a court may order a compensation which

does not exceed the extent of damage caused within five years before the filing of the action.

(4) The owner of a utility model has the right to file an action within three years as of

the time when the owner learns who the person is who has infringed the exclusive right.

(5) Upon infringement of the exclusive right which took place prior to the publication

of the notice of entry of registration data, an action shall be filed during the term specified in

subsection (4) of this section or within one year as of the date of the publication of the notice

of entry concerning registration data; the term which ends later shall apply.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Protection of Rights of Other Persons

§ 51.—(1) A person who uses a utility model in good faith before a registration

application is filed may file an action in court against the owner of the utility model for

certification of the person’s right of prior use.

(2) (Repealed—09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(3) A person who uses an invention on the basis of a licence (licensee) may file an

action in court for resolution of a dispute related to the licence.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(4) A licensee may also file an action upon infringement of the exclusive right of the

owner of a utility model by other persons, unless otherwise prescribed upon the grant of

licence. The licensee shall notify the owner of a utility model of the licensee’s wish to file an

action beforehand. The obligation to notify is deemed to be performed if the notice is sent to

the owner of the utility model by registered mail to the address indicated in the licence

agreement or the address entered in the register of utility models.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(5) Any person may, upon doubt that the person’s activities may infringe the exclusive

right of the owner of a utility model, file an action in court against the owner of the utility

model to certify that the existence of the utility model does not hinder the person’s economic

or commercial activities.

Procedure for Hearing of Disputes Related to Utility Models

§ 52.—(1) In the cases provided by law, disputes related to utility models shall be

heard by the Board of Appeal or in court.

(2) Actions specified in this Act fall within the competence of the court in the

jurisdiction of which the Patent Office is located.

(3) Courts shall hear disputes related to utility models pursuant to the procedure

provided for in the Code of Civil Procedure (RT I 1998, 43–45, 666; 108/109, 1783; 1999,

16, 271; 31, 425), taking into consideration the specifications established in this Act.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(4) A court may refuse to hear a statement of claim if it only concerns a complaint

which is subject to resolution by the Board of Appeal pursuant to this Act and the complaint

has not been reviewed by the Board of Appeal.

(5) The Board of Appeal shall hear complaints filed with the Board of Appeal on the

basis of this Act pursuant to the procedure provided for by the statutes of the Board of

Appeal.

Burden of Proof

§ 52 1 .—(1) If an action is filed on the basis of the provisions of subsection 14 (2) of

this Act, the defendant is required to prove that the defendant used a process different from

the process protected as a utility model for manufacturing a similar product.

(2) If the use of a different process cannot be proved, the product shall be deemed to

have been manufactured according to the process protected as a utility model provided that, in

spite of reasonable efforts, the owner of the utility model has not succeeded in determining

the process actually used for manufacturing the product and the use of the process protected

as a utility model is likely or if the product manufactured according to the process protected

as a utility model is new.

(3) Evidence submitted by the defendant containing the defendant’s production or

business secrets may be disclosed only with the consent of the defendant.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Acts of Court Upon Filing of Statement of Claim

§ 53.—(1) In the case of an action specified in subsection 51 (4) of this Act, a copy of

the notice sent to the owner of a utility model shall be annexed to the statement of claim. If

the copy is missing, the court shall not proceed with the statement of claim and shall

determine a term for the plaintiff for the performance of the obligation to notify.

(2) A court may order, at the request of the plaintiff, that the products or objects

protected as a utility model and manufactured without the permission of the owner of the

utility model, the use of which infringes the exclusive right of the owner of the utility model,

shall be removed from circulation for the time of hearing the action filed for termination of an

infringement of the exclusive right. If necessary, the court may demand a security from the

plaintiff for compensating for the damage to the defendant upon dismissal of the action.

(3) In the case specified in subsection (2) of this section, a court may, at the request of

the defendant, order that the possessor of a product or an object may continue the use of the

product or object for a fair fee payable to the owner of the utility model during the entire or a

part of the remaining time of the period of validity of the registration.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Participation of Patent Office

§ 54.—(1) In the court hearing of disputes related to utility models, the Patent Office

may participate in the proceedings as a third party.

(2) A court shall send a copy of the court judgment made in a dispute related to a utility

model to the Patent Office for its information even if the Patent Office has not participated in

the proceedings.

Representatives in Resolution of Disputes in Field of Utility Models in Court

§ 55.—(1) In resolution of disputes related to utility models, patent agents may act as

representatives in court.

(09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

(2) The authority of a patent agent is certified by a patent agent’s certificate and an

authorisation document from the client.

(3) If the plaintiff is a person whose residence or seat is in a foreign state, the person

shall authorise a natural person whose residence is in the Republic of Estonia for the receipt

of notices, summons and documents of the court.

Chapter XII

Registration of Utility Models in Foreign States

Procedure for Registration

§ 56.—(1) Persons whose residence or seat is in the Republic of Estonia may register

their utility models in foreign states regardless of the registration thereof in the Republic of

Estonia.

(2) Persons whose residence or seat is in the Republic of Estonia are responsible for the

registration of their utility models in foreign states in accordance with the law of the foreign

state and international conventions.

§ 57. (Repealed—09.02.2000 entered into force 01.07.2000—RT I 2000, 19, 117)

Chapter XIII

Implementation of Act

Entry into Force of Act

§ 58.—(1) The Utility Models Act enters into force on 23 May 1994.

(2) The provisions of clause 10 (2) 1) of this Act apply after the membership of the

Republic of Estonia in the Paris Convention for the Protection of Industrial Property is

restored.

(3) The provisions of chapter VI of this Act do not apply earlier than three months after

the accession of the Republic of Estonia to the Patent Cooperation Treaty entered into on 19

June 1970 in Washington.

(4) The basis for establishing priority indicated in subsections 10 (2) and (3) of this Act

may only be patent applications and registration applications filed after the entry into force of

this Act.


Législation Est remplacé(e) par (5 texte(s)) Est remplacé(e) par (5 texte(s))
Traités Se rapporte à (3 documents) Se rapporte à (3 documents) Référence du document de l'OMC
IP/N/1/EST/I/1
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N° WIPO Lex EE007