Article 144
(1) Decision shall be given by the competent court to accept the invalidation of the utility model in the following cases.
a) If the subject of utility model does not meet the conditions specified in Article 142.
b) If the invention isn’t sufficiently explained in accordance with the first paragraph of article 92.
c) If subject of utility model exceeds the scope of first version of the application or if utility model exceeds the scope of first version of first application where utility model bases on a divided application according to Article 91 or bases on an application made according to sub paragraph (b) of third paragraph of Article 110.
ç) If it is proved that the owner of utility model does not have right to demand utility model according to the Article 109.
(2) Those that have interests, Public Prosecutors or the relevant public institutions and organizations may demand the court to accept the invalidity of utility model. In the event that the owner of utility model does not have right to demand utility model according to the article 109, the invalidity of utility model can be demanded by only holder of invention or successors of holder of invention.
(3) The invalidity proceeding of utility model may be instituted against those who are registered in register as the owner of utility model during duration of utility model protection or within five years following termination of right. Notification shall be to made those who are deemed as right holder on utility model in register to ensure that they may participate in the action.
(4) The claim that the owner of utility model does not have right to demand utility model according to the article 109 may only be alleged by holder of invention or successors of holder of invention.
(5) If causes of invalidity are related to only a part of the utility model, the claim or claims related to only that portion shall be cancelled and the partial invalidity of the utility model shall be decided. The partial invalidity for a claim cannot be decided.
(6) If the claim or claims of utility model which aren’t cancelled comply with the provisions of article 142 as a result of partial invalidity, the utility model remains valid for this claim or claims.