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Legislative Implementation of Flexibilities - Finland

Title:Sections 75 and 76 of the Patents Act of No. 550 of 15/12/1967 as last amended on 17/06/2011 and Sections 1 and 2 of the Act on Inventions of Importance to the Defence of the Country No 551 of 15/12/1967 as last amended in 1997
Field of IP:Patents
Type of flexibility:Security exceptions
Summary table:PDF

Provisions of Law

Section 75 If the country is at war or in danger of war, the Government may decree, where required by the public interest, that the right to a given invention shall be surrendered to the State or to another party designated by the Government. Reasonable compensation shall be paid for the right to the invention thus surrendered. If no agreement is reached on compensation with the party entitled to compensation, the court shall determine the compensation.

Where a party other than the State has availed itself of the right to an invention pursuant to subsection (1) above and if such party does not fulfill its obligations with regard to compensation, the State shall pay the compensation without delay on request by the party entitled to compensation.

Section 76 Special regulations shall apply to inventions of importance to the defense of the country.

Act on Inventions of Importance to the Defence of the Country

Section 1

An invention which is principally of importance to the defence of the country and which, from the point of view of national defence, it is important to keep secret, may under this Act, after a patent application has been filed for the invention, by government decision be expropriated for public purpose.

A reasonable compensation shall be payable from public funds to the holder of an invention expropriated for public purpose under the first subsection. Where the amount of the compensation is not agreed on, the holder of the invention may bring a separate action for the compensation in the Helsinki District Court.

The provisions concerning patents or patent applications of this Act shall mutatis mutandis apply to utility models or utility model applications. In such cases, section 18 of the Utility Model Act shall be applicable in place of the provisions of sections 21 and 22 of the Patents Act.

Section 2

If it is obvious that an invention is principally of importance to the defence of the country, an inventor residing in Finland, or his successor in title, may not apply for or authorise another person to apply for a patent for the invention abroad before an application has been filed for a patent for the invention in Finland and before six months have passed from the date the patent application was filed here.

If it is obvious that an invention is principally of importance to the defence of the country, an inventor residing in Finland, or his successor in title, shall file a European patent application within the meaning of the European Patent Convention (Finnish Treaty Series 8/96) or an international patent application under chapter 3 of the Finnish Patents Act with the Finnish Patent Authority.

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