Section II
Actions Seeking Invalidity or Forfeiture
Article 38
Initiation of the Action
(1) Actions seeking invalidity or forfeiture may be brought by any person having an
interest therein.
(2) In any action seeking the invalidity or forfeiture of a utility model, the Office of the
Public Prosecutor may be an intervening party and make submissions seeking a declaration of
absolute invalidity or forfeiture of the utility model.
(3) It may even enter directly a principal suit seeking a declaration of invalidity in the
cases provided for in Article 34(1)(b).
(4) In the cases provided for in the foregoing paragraph, all holders of rights in the
certificate of registration of the utility model whose acts have been entered in the Special
Register of Utility Models of the Organization under Article 29 above shall be party to the
proceedings.
Article 39
Competent Jurisdiction
(1) The actions referred to in Article 38 above and all disputes relating to the ownership
of utility models shall be brought before the civil courts.
(2) If the action is simultaneously brought against the owner of the certificate of
registration of the utility model and one or more limited licensees of the said model, it shall be
brought before the court sitting in the established or elected domicile of the said owner.
(3) The matter shall be examined and judged in the manner prescribed for summary
proceedings; if necessary it shall be communicated to the Office of the Public Prosecutor.
Article 40
Recording of the Judicial Decision
on Invalidity or Forfeiture
Where the absolute invalidity or forfeiture of the utility model has been pronounced by
a court decision that has become res judicata, the competent court shall inform the
Organization thereof, and the invalidity or forfeiture pronounced on the territory of a member
State shall be entered in the Special Register of Utility Models and published in the form
specified in Article 27 above for granted utility models.
TITLE VI
INFRINGEMENT, LEGAL PROCEEDINGS
AND PENALTIES
Article 41
Infringement
Any violation of the rights of the owner of a registered utility model by manufacture of
products, by the use of means forming the subject matter of his utility model, by the receiving
or sale or display for sale or by the introduction into the national territory of one of the
member States of one or more objects shall constitute the offense of infringement. That