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CHAPTER VI PROTECTION OF OWNER OF UTILITY MODEL
RIGHT
Article 43 【Acts Deemed to be Infringement】
Commercial acts of manufacturing, assigning,
leasing or importing, or offering for assignment
or lease, of goods used exclusively for manufacturing
a product relating to a utility model
registration shall be deemed to constitute
an infringement of a utility model right or
an
exclusive license under the utility model
registration.
Article 44 【Presentation of a Copy of
the Certificate of Decision of Maintenance】
An owner of a utility model right or an exclusive
licensee may exercise his right against a
person who infringes his utility model right
or exclusive license only after he provides
warning
to that person by presenting a copy of the
certificate of decision of maintenance under
Article 25(2) of this Law.
Article 45 【Liability of the Owner of
a Utility Model Right】
(1) An owner of a utility model right or
an exclusive licensee thereof shall be liable
for
damage compensation to a person who suffers
from the exercise of the right or warning,
where there has been a final and conclusive
decision of revocation, on the utility model
registration concerned, under Article 74(3)
of the Patent Law as applied mutatis mutandis
under Article 48 of this Law, or a final
and conclusive decision of invalidation of a
utility
model right (except a trial decision under
Article 49(1)(iv) of this Law), after exercise
of the
right or warning to a person who infringed
the utility model right or exclusive license.
However, where the utility model registration
is based on a decision of maintenance under
Article 25(2) of this Law or substantial
and diligent attention thereto has been paid,
this
provision shall not apply.
(2) The provisions of paragraph (1) shall
apply, mutatis mutandis, where exercise of right
or
warning was made for that portion of a right
which was excluded from the scope of a device
described in the claims at the time of registration
of a utility model application as a result of
corrections to the specification and drawings
attached to the utility model application,
pursuant to a request and trial for correction.
Article 46 【Mutatis Mutandis Application
of Provisions of the Patent Law】
The provisions of Articles 126, 128, 131
and 132 of the Patent Law shall apply mutatis
mutandis with respect to protection of the
owner of a utility model right.
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