Effects of utility model

Nobody may manufacture, place on the market or use in his economic activities a technical solution enjoying utility model protection without the consent of the owner of the utility model.

The owner of the utility model shall be entitled to give his consent (licence) to the use of a technical solution utility model protection to other persons or to assign the utility model to them. Rights conferred by a patent granted on the basis of a patent application having later priority may not be asserted in the event of a dispute without the consent of the owner of the utility model.

A utility model shall not be invoked against persons who have used the technical solution enjoying utility model protection independently of the author or the owner of the utility model before its priority date or who have verifiably undertaken measures to that end (hereinafter referred to as “prior users”). If agreement is not reached, the prior user may apply to a court for recognition of his rights by the owner of the utility model.