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Exercise of Utility Model Right

Q
Exercise of Utility Model Right
What are the conditions for exercising a utility model right?
A

A utility model right holder may not exercise his/her right against an Infringer,
unless he/she has given warning with the “Utility model technical opinion” issued by JPO (Article 29-2). This provision is made to avoid abuse of right, because a utility model is registered without substantive examination and might include some grounds for invalidation.
About “utility model technical opinion”, see the next Q12.
With regard to remedies for infringement, claim construction, etc., see Qs136 – 147 of Patent Q&A.

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