Article 5
Rights Conferred
Subject to the conditions and within the limits set by this Annex, the owner of a
registration certificate shall have the right to prohibit any person from exploiting the utility
model by carrying out any of the following acts: manufacturing, offering for sale, selling and
using the utility model, and importing and holding it for the purposes of offering it for sale,
selling it or using it.
Article 6
Term of Protection
Subject to the provisions of Article 35 below, the term of protection conferred by the
certificate of registration of a utility model shall expire at the end of the tenth year following
the filing date of the application for registration.
Article 7
Right to the Certificate of Registration
of the Utility Model
(1) The right to the registration of a utility model shall belong to its creator; the
applicant shall be deemed to be the owner of the right.
(2) Where two or more persons have made a creation jointly, the right to its registration
as a utility model shall belong to them jointly.
(3) If, and to the extent that, two or more persons have made the same creation
independently of each other, the right to its registration as a utility model shall belong to the
one who filed the application bearing the earliest filing date or, where priority is claimed, the
earliest validly claimed priority date, provided that the said application is not withdrawn,
abandoned or rejected.
(4) The right to the registration of a utility model may be assigned or transferred by
succession.
Article 8
Right to the Certificate of Registration
of the Utility Model.Creations by Employees
(1) Subject to the legal provisions governing contracts for performing a certain work
and employment contracts, and in the absence of contractual provisions to the contrary, the
right to the registration of a utility model developed in pursuance of such a contract shall
belong to the person who commissioned the work or to the employer.
(2) The same provision shall apply where an employment contract does not require the
employee to exercise any inventive activity, but where the employee has developed a utility
model using data or means available to him on account of his employment.
(3) In the circumstances provided for in paragraph (2) above, the employee who has
developed the utility model shall have a right to remuneration reflecting the importance of the
utility model registered. That remuneration shall be fixed by the court in the absence of
agreement between the parties.
(4) In the circumstances provided for in paragraph (1) above, the employee shall have
the same right as that referred to in paragraph (3) above if the utility model is of very
exceptional importance.