WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/EST/I/1
6 September 2000
(00-3480)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
ESTONIA
The present document reproduces the text1 of the Utility Model Act, as notified by Estonia
under Article 63.2 of the Agreement (see document IP/N/1/EST/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
ESTONIE
Le présent document contient le texte
1 de la Loi sur les modèles d'utilité, notifiée par
l'Estonie au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/EST/1).
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
ESTONIA
En el presente documento se reproduce el texto1 de la Ley de Modelos de Utilidad, notificado
por Estonia en virtud del párrafo 2 del artículo  63 del Acuerdo (véase el documento IP/N/1/EST/1).
                                                     
1 In English only. The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/EST/I/1
Page 2
(RT I 1994, 25, 407;
consolidated text RT I 2000, 60, 388),entered into force 23 May 1994.
UTILITY MODELS ACT
Passed 16 March 1994
Chapter I
GENERAL PROVISIONS
§ 1. Purpose of Act
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 (Repealed - 09.02.2000 entered into force 01.07.2000 - RT I 2000, 19, 117)
§ 3. Equality of rights and obligations of persons of the Republic of Estonia and of
foreign states
The rights and obligations prescribed by le gislation 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
§ 5. Legal protection of utility models
(1) Utility models are inventions which are new, which involve an inventive step and which
are susceptible of i ndustrial application.
(2) The following shall not be regarded as inventions:
1) industrial designs;2) layout-designs of integrated circuits;3) discoveries, scientific theo ries and mathematical methods;
4) schemes, rules and methods for perfo rming 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;IP/N/1/EST/I/1
Page 3
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)
§ 6. Inventions not protected as utility models
(1) The following shall not be protected as utility models:
1) inventions which are contrary to public order and morality;2) methods of treatment a nd diagnostic methods practised on the human or animal
body;
3) biotechnological inventions.
(2) For the purposes of this Act, “biotechnologic al 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 deriva tion 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 micro-organisms, which contains genetic informationand is capable of reproducing itself or be ing reproduced in a biological system.
(09.02.2000 entered into force 01.07.2000 - RT I 2000, 19, 117)
§ 7. Novelty, inventive step and industrial application
(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 bymeans 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 thedate of priority if priority is claimed. In determining novelt y, 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 app lication or the date of priority, if priority is
claimed, shall also be taken into consideration if the filing dates or, if priority is claimed, thedates 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, ifpriority is claimed, before the date of priority, by a person who is entitled to the registrationIP/N/1/EST/I/1
Page 4
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 sus ceptible to industrial a pplication if it can be
manufactured or used in economy.
(09.02.2000 entered into force 01.07.2000 - RT I 2000, 19, 117)
§ 8. Unity of utility model
A registration application ma y contain only one invention.
(09.02.2000 entered into force 01.07.2000 - RT I 2000, 19, 117)
§ 9. Claims of utility model
(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 inven tion shall disclose the subject matter of the
invention in a manner sufficiently clear and concise for it to be carried out by a person skilledin the art.
(09.02.2000 entered into force 01.07.2000 - RT I 2000, 19, 117)
§ 10. Priority
(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 filingdate of the first registration a pplication or patent application shall be considered the date of
priority.
(2) If a registration application is filed with th e Patent Office within twelve months after the
filing date of the first registration applica tion or patent applic ation, priority may be
established:
1) on the basis of the filing date of the first registration application or patentapplication in any State party to the Pari s Convention of the Protection of Industrial
Property (RT II 1994, 4/5, 19) or member of the World Trade Organisation;IP/N/1/EST/I/1
Page 5
2) on the basis of the filing date of the first registration application or patent
application in a state which is not a St ate 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 e quivalent 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 filingdate of an earlier registration application or patent  application, provided that the earlier
registration application or pate nt application has not been pub lished and priority has not been
claimed on the basis thereof for some other regi stration application or patent application. If
an earlier registration application is being processed, the earlier registration application isdeemed to be withdrawn.
(4) If priority is claimed, priority may be esta blished 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 registrati on application. Documents certifying the priority
claim shall be filed together with the registration application or within sixteen months as ofthe date of priority. Documents certifying the priority claim need not be submitted if priorityis claimed on the basis of a first registration a pplication or patent a pplication 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
§ 11. Right to utility model
(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 performan ce 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 ina person pursuant to the contract.
(09.02.2000 entered into force 01.07.2000 - RT I 2000, 19, 117)IP/N/1/EST/I/1
Page 6
§ 12. Author of utility model
(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 hi s or her name as the author;
2) prohibit the disclosure of hi s or her name as the author;
3) revoke at any time the prohibiti on 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
§ 13. Owner of utility model
(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, th e 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)IP/N/1/EST/I/1
Page 7
§ 14. Exclusive right of owner of utility model
(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 forsale, sell or import for the aforementione d purposes a product which is manufactured
according to the process protected as a utility model.
(2) In the case of products manufactured accordin g 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 utilitymodel 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)
§ 15. Acts which do not constitute infringeme nt of exclusive right of owner of utility
model
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, radio-navigation equipmen t or other equipment) if such ships are
temporarily or accidentally in the waters of the Republic of Estonia and the utilitymodel is used solely for the purposes of the ship;2) the use of the utility model within the construction or auxiliary equipment ofaircraft 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 non-commercial use of the u tility 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)
§ 15
1. Exhaustion of rights
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 theEuropean 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)
§ 16. Right of prior use
(1) A person who, prior to the filing of a regist ration 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 indus trial application in th e Republic of Estonia,IP/N/1/EST/I/1
Page 8
may continue to use the invention retaining the same general nature of application. Use is in
good faith unless the user knew or should ha ve 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 transf erred to another person together with the
enterprise with regard to which the right of prior use is established or in which it wasintended to be used.
§ 16
1. Provisional protection
(1) An invention shall be granted provisional protection as of the filing date of a registration
application until the date when the notice of en try 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 ispublished in the official gazette of the Patent Office is not deemed to infringe the exclusiveright of the owner of the utility model unle ss the person knew or should have known that a
registration application is filed with regard to the invention or the applicant notified theperson 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 officialgazette of the Patent Office, to infringe the exclusive right of the owner of the utility model asof the date of receipt of the notice concerning the filing of registration application unless suchpersons have the right of prior us e 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
§ 17. Registration application
(1) A registration application sha ll include the following documents:
1) a request for the registration of a utility model which contains informationconcerning 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 utilitymodel;5) an abstract of the subject matter of the invention;6) a document certifying payment of the state fee;IP/N/1/EST/I/1
Page 9
7) an authorisation document if the applicant has a representative.
(2) Registration application documen ts 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 translati on into Estonian is included.
(4) The requirements for the format of registra tion applications shall be established by the
Minister of Economic Affairs.
(09.02.2000 entered into force 01.07.2000 - RT I 2000, 19, 117)
§ 18. Filing of registration application
(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 with in two months as of the date of receipt of
the registration application.
(4) Translations of registration application documents shall be f iled 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)
§ 181. Representation of applicant
(1) An applicant or an Estonian patent agent (hereinafter patent agent) authorised by the
applicant shall perform procedur es 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. Theapplicant 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 throughan 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 Republicof 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)
§ 19. Registration application based on patent  applicationIP/N/1/EST/I/1
Page 10
(1) A registration application ma y be filed on the basis of a pa tent application which concerns
the same invention and is being processed by the Patent Office.
(2) A registration application cannot  be filed later than within te n 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.
§ 20. Filing date of registration applicat ion and acceptance thereof for processing
(1) Upon receipt of a registration application, th e 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 da te 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 thedate 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)
§ 20
1. Refusal to accept registration application for processing
(1) The Patent Office shall refuse to accept a registration application for processing by
making a decision to refuse to accept the regist ration application for processing if documents
filed do not comply with the requirements pr ovided 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 th e registration application, if:
1) the document certifying payment of the state fee is missing and is not filed withinone month after the date of receip t of the registration application;
2) translation of the description of the i nvention is missing and is not filed within
three months after the date of recei pt 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.IP/N/1/EST/I/1
Page 11
(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)
§ 21. Processing of registration application
(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 whic h hinder the processing
thereof, and shall establish a due date for the elimination of deficiencies or provision ofexplanations.
(09.02.2000 entered into force 01.07.2000 - RT I 2000, 19, 117)(5) If a registration application is in complia nce 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 modeland make an entry of the registration on th e 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 comp liance with the provisions of subsection 5 (2) or
§ 6 or § 17 of this Act or the applicant does not eliminate the formal deficiencies of theregistration application documents or does not provide explanations, th e Patent Office shall
refuse to register the utility model, shall make a decision to reject the registration applicationand shall notify the applicant thereof in writing.
(09.02.2000 entered into force 01.07.2000 - RT I 2000, 19, 117)
§ 22. Suspension of processing of registration application
(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 app lication shall be resu med if the applicant responds within two
months as of the specified du e date and pays the state fee.
(09.02.2000 entered into force 01.07.2000 - RT I 2000, 19, 117)IP/N/1/EST/I/1
Page 12
(2) The processing of a registration applic ation may be suspended and resumed only once.
(3) (Repealed - 09.02.2000 entered into force 01.07.2000 - RT I 2000, 19, 117)
§ 23. Correction and amendment of registration application
(1) An applicant may correct and amend a regist ration application during processing such that
no alterations are made to the subject matter of the invention which was disclosed in theregistration 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 whic h 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)
§ 24. Withdrawal of reg istration application
(1) An applicant may file a request for the withdrawal of a registration application and may
withdraw a registration application which is  being processed. Regi stration 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 f iled with the consent of all such persons.
(3) The Patent Office deems a regist ration 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 tosubsection 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 thedocument 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.IP/N/1/EST/I/1
Page 13
§ 25. Termination of processing  of registration application
(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)
§ 26. Resumption of processing  of registration application
(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 pursu ant to clause 24 (3) 1) or 2) of this Act,
provided that the failure to perform the acts sp ecified in such provisions occurred due to force
majeure  or some other impediment independent of the appli cant 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 monthsafter the impediment ceases to exist, pays a state fee and submits the document certifyingpayment 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 fo r the act which was not performed.
(4) The provisions of subsections (1), (2) a nd (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)
§ 27. Appeal against decisions of Patent Office during processi ng of registration
application
(1) The decisions of the Patent Office may be appealed against pursuant to the procedure
provided for in §§ 41-54 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 ma de and shall pay a state fee.IP/N/1/EST/I/1
Page 14
(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 ame nd 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 Boar d of Appeal shall determine the amount of state
fee refunded.
§ 28. Completion of processing  of registration application
The processing of a registration application is completed by the registration of a utility model
in the register or by the rejec tion 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
§ 29. Definition of international regis tration application of utility model
(1) International registration application of a utility model (hereinafter international
registration application) is a registration application filed on th e basis of the Patent
Cooperation Treaty (RT II 1994, 6/7, 21) en tered 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 registra tion 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 filingIP/N/1/EST/I/1
Page 15
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)
§ 30. Specifications of processing of international registr ation applications
(1) For an international registration applicati on to be accepted for processing, an applicant
shall file with the Patent Office a written application for the international registrationapplication to be accepted for processing, add an Estonian translation of the international
registration application (hereinafter translation) thereto and pay a state fee within twentymonths 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 registrationapplication to be accepted for processing together with the translation and pay a state feewithin 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 add itional 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 theinternational registration application to be  accepted for processing, provided that no
alterations are made to the subject matter of the invention which was disclosed in theinternational 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 represente d 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 internationalregistration 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 C ooperation Treaty apply;
2) the applicant fails to comply with the requirements provided for in subsections (1),(2) or (3) of this section;IP/N/1/EST/I/1
Page 16
(09.02.2000 entered into force 01.07.2000 - RT I 2000, 19, 117)
3) the applicant withdraws the request for international preliminary examination orthe request for choosing the Republic of Est onia 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) ofthis 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 InternationalBureau of the World Intellectual Property Organi zation (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 internati onal registration applica tion in the Republic of
Estonia and request that the International Bureau send a copy of the international registrationapplication to the Patent Office. The applicant shall file a translation of the internationalregistration application with the Patent Offi ce and, in the cases prescribed, information
concerning the patent agent, and pay a state fee during the term determined by the PatentOffice. The Patent Office shall verify the correctness of the decision of the receiving office orthe International Bureau and notify the applicant of the results. If the decision of the receivingoffice or the International Bureau is incorrect, the registration application shall be reviewedas 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 re gistration application is  terminated on the grounds
that an applicant has failed to perform an act prescribed by the receiving office, theInternational Searching Authority, the International Preliminary Examining Authority or theInternational Bureau or an act provided for in subsections (1) and (2) of this section on timedue to force majeure  or some other impediment independe nt of the applicant, the Patent
Office shall restore the processing of the international registration application in the Republicof 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)IP/N/1/EST/I/1
Page 17
§ 31. Establishment of register
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)
§ 32. Maintenance of register
(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 registrati on 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 m onths as of the date of the registration
application. The request sha ll 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 PatentOffice.
(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 pro cedure for completion of the specification of a
utility model shall be es tablished by the Minist er 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 theutility 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.IP/N/1/EST/I/1
Page 18
(09.02.2000 entered into force 01.07.2000 - RT I 2000, 19, 117)
§ 33. Access to and release of data from register
(1) The register is public. Everyone has the ri ght 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 conc erning entry of registration data, the following
data may be released from the register:
1) the name of the invention;2) the index of the interna tional 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 conc erning entry of registration data, access to a
registration application processi ng file is granted to the a pplicant, persons who have the
written consent of the applicant, persons whom the applicant has informed in writing of thefiling of the registration application and warned of the applicant’s right to apply for theregistration 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 w ithdrawn 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)
§ 34. Period of validity of registration
(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.IP/N/1/EST/I/1
Page 19
(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 exte nsion of validity of a registration:
1) within six months before the date of ex piry 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)
§ 36. Amendment of registration of utility model
(1) The owner of a utility model may amend the registration of the utility model during the
period of validity of the registration provided th at the amendments shall not alter the subject
matter of the invention or exte nd the scope of legal protection.
(2) 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 mistake s and calculation errors which restrict the
scope of legal protecti on 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 secti on shall not restrict the rights of persons who
had, prior to the publication of the notice conc erning the making of amendments to the
registration of the utility model, taken into consideration the initial scope of legal protectionof the utility model in their economic and comme rcial 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
§ 40. Transfer of right to apply for registration of utility model
(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.IP/N/1/EST/I/1
Page 20
(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)
§ 41. Transfer of registration application
(1) An applicant may transfer a registration application which is be ing 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 th e 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 applicati on is transferred shall file a corresponding
application and a document certifying payment of the state fee with the Patent Office. If theapplication is filed by the person to whom the registration application is transferred, theperson shall annex the document certifying the transfer or a certified copy thereof to theapplication.
(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)
§ 42. Transfer of utility model
(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 transf er 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 istransferred shall file a corresponding applica tion and a document certifying payment of the
state fee with the Patent Office. If the appli cation is filed by the person to whom the utility
model is transferred, the person shall add to the application the document certifying thetransfer 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 ofcreation of legal succession. If the utility model is transferred pursuant to a court judgment,
the application shall be filed within one m onth 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.IP/N/1/EST/I/1
Page 21
(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 oflegal 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 theentry to amend the registration data becomes valid.
(09.02.2000 entered into force 01.07.2000 - RT I 2000, 19, 117)
§ 43. Licence
(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 modellisted 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 ma y, 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 l onger 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 saidperson.
(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)IP/N/1/EST/I/1
Page 22
CHAPTER XI
CONTESTATION AND PROTECTION OF RIGHTS TO UTILITY MODEL
§ 45. Contestation of authorship
(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, pursuan t 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 theutility 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)
§ 46. Contestation of owner of utility model
(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 notic e concerning entry of registration data or, upon
transfer of a utility model, as of the publi cation date of the notice of entry to amend
registration data, file an action in court against the owner of the utility model for the utilitymodel to be transferred.
(09.02.2000 entered into force 01.07.2000 - RT I 2000, 19, 117)(2) Upon satisfaction of an action filed pursu ant to subsection (1) of this section, the
defendant who has used the invention or has ma de serious preparations to use the invention
may, after the transfer of the utility model, apply for the use of the invention for a charge orfree of charge, provided that the inventi on 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 notcomply 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 theregistration hinders the economic  or commercial activ ities 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)IP/N/1/EST/I/1
Page 23
(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 anapplication accompanied by a copy of the court judgment which has entered into force withthe Patent Office.
(09.02.2000 entered into force 01.07.2000 - RT I 2000, 19, 117)
§ 47. Contestation of registration
(1) Any interested person who considers that th e registration of an invention by the Patent
Office is contrary to the requirements for the format specified in subsection 17 (4) of this Actor the provisions of subsection 5 (2) or § 19 ma y 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 registrati on 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 co ncerning entry of registration data.
(09.02.2000 entered into force 01.07.2000 - RT I 2000, 19, 117)
§ 48. Protection of rights of author
(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 subs ection 12 (7) of this Act and for the resolution
of other non-proprietary disput es 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 theauthor becomes or should have become aware of the infringement of the author's right.
§ 49. Protection of rights of applicants
(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 ofthe decision.
(09.02.2000 entered into force 01.07.2000 - RT I 2000, 19, 117)IP/N/1/EST/I/1
Page 24
§ 50. Protection of rights of owner of utility model
(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 therecurrence of an infringement of the exclusive right and restoration of the status quoprior 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 ma y 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 wh ich took place prior to the publication of the
notice of entry of registration data, an action shall be filed during the term specified insubsection (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)
§ 51. Protection of righ ts of other persons
(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 theperson’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 infri ngement of the exclusive right of the owner
of a utility model by other persons, unless othe rwise prescribed upon the grant of licence. The
licensee shall notify the owner of a utility model of the licensee’s wish to file an actionbeforehand. The obligation to notify is deemed to  be performed if the notice is sent to theIP/N/1/EST/I/1
Page 25
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 tocertify that the existence of the utility m odel does not hinder the person’s economic or
commercial activities.
§ 52. Procedure for hearing of di sputes related to utility models
(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 spec ifications 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 notbeen 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 fo r by the statutes of the Board of Appeal.
§ 52
1. Burden of proof
(1) If an action is filed on the basis of the pr ovisions of subsection 14 (2) of this Act, the
defendant is required to prove that the defenda nt 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, inspite of reasonable efforts, the owner of the utility model has not succeeded in determiningthe process actually used for manufacturing th e product and the use of the process protected
as a utility model is likely or if the product ma nufactured according to the process protected
as a utility model is new.IP/N/1/EST/I/1
Page 26
(3) Evidence submitted by the defendant cont aining 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)
§ 53. Acts of court upon filing of statement of claim
(1) In the case of an action specified in subsec tion 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 ismissing, the court shall not proceed with the statement of claim and shall determine a termfor the plaintiff for the performa nce of the obligation to notify.
(2) A court may order, at the request of the plai ntiff, that the products or objects protected as
a utility model and manufactured without the pe rmission of the owner of the utility model,
the use of which infringes the exclusive right of the owner of the utility model, shall beremoved from circulation for the time of hearing the action filed for termination of aninfringement of the exclusive right. If necessary, the court may demand a security from theplaintiff for compensating for the damage to  the defendant upon dismissal of the action.
(3) In the case specified in subsection (2) of th is 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 apart 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)
§ 54. Participation of Patent Office
(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 inthe proceedings.
§ 55. Representatives in resolution of disput es in field of utility models in court
(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.IP/N/1/EST/I/1
Page 27
CHAPTER XII
REGISTRATION OF UTILITY MODELS IN FOREIGN STATES
§ 56. Procedure for registration
(1) Persons whose residence or seat is in the Republic of Estonia may register their utility
models in foreign states regardless of the re gistration thereof in the Republic of Estonia.
(2) Persons whose residence or seat is in th e Republic of Estonia are responsible for the
registration of their utility models in foreign states in accordance with the law of the foreignstate and international conventions.
§ 57. (Repealed - 09.02.2000 entered into force 01.07.2000 - RT I 2000, 19, 117)
CHAPTER XIII
I. Implementation of Act
§ 58. Entry into force of Act
(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 Pr otection 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 Pa tent Cooperation Treaty entered into on 19 June
1970 in Washington.
(4) The basis for establishing priority indicate d in subsections 10 (2) and (3) of this Act may
only be patent applications and registration applications filed after the entry into force of thisAct.
__________