(5) The provisions of paragraphs (3) and (4) above are a matter of public policy.
Article 9
Limitation of the Rights Conferred by
the Certificate of Registration of the Utility Model
(1) The rights deriving from the certificate of registration of the utility model shall not
extend
(a) to acts in relation to subject matter brought on to the market on the territory of a
member State by the owner of the utility model or with his consent;
(b) to the use of objects on board foreign aircraft, land vehicles or ships that
temporarily or accidentally enter the airspace, territory or waters of a member State;
(c) to acts in relation to a registered utility model that are carried out for experimental
purposes in the course of scientific and technical research;
(d) to acts performed by any person who in good faith on the filing date of the
application, or where priority is claimed on the priority date of the application on the basis of
which the utility model is registered on the territory of a member State, was using the utility
model or making effective and genuine preparations for such use, in so far as those acts are
not different in nature or purpose from the actual or planned earlier use.
(2) The right of the user referred to in paragraph (1)(d) may not be transferred or
handed on otherwise than with the business or company or the part thereof in which the use or
the preparations for use were made.
Article 10
Right of Foreigners to Certificates
of Registration of Utility Models
Foreigners may obtain certificates of registration of utility models on the conditions
specified in this Annex.
TITLE II
FORMALITIES CONCERNING
THE REGISTRATION OF UTILITY MODELS
Section I
Applications for Registration of Utility Models
Article 11
Filing of the Application
(1) Any person wishing to secure the registration of a utility model shall file with the
Organization or with the Ministry responsible for industrial property, or send to it by
registered mail with a request for acknowledgement of receipt,
(a) his application to the Director General of the Organization in a sufficient number of
copies;
(b) a document proving payment to the Organization of the filing and publication fees;
(c) an unstamped, private power of attorney if the applicant is represented by an agent;
(d) a sealed package containing in duplicate