권리범위확인(디)
1. The decision made by the Intellectual Property Tribunal on June 20, 2018 on the case No. 2017Da1288 shall be revoked.
2. The costs of lawsuit shall be.
1. Basic facts
A. On April 24, 2017, the Defendant was following the instant trial ruling.
The design for which the entry in the subsection is to be confirmed is:
The Korean Intellectual Property Tribunal claimed that the registered design of this case is identical or similar to the registered design of this case and falls under the scope of the right, and that the plaintiff filed an affirmative claim against the Korean Intellectual Property Tribunal to confirm the scope of the right.
On June 20, 2018, the Korean Intellectual Property Tribunal rendered a trial decision accepting the Defendant’s claim on the ground that the prior design is similar to the registered design of this case, and the prior design is similar to the registered design of this case, and thus falls under the scope of the right. In a trial proceeding for invalidation of design registration (2017Da1641), the Defendant asserted that the prior design of this case was ineligible for newness through a written response, and thus, the registered design of this case was not denied by the prior design 1, and thus, the registered design of this case was similar to the registered design of this case.
(b) The Defendant’s registration number/filing date/registration date of the registered design of this case: A product subject to design registration C/D/E: A description of a glar design for bags and a major drawing: as specified in attached Form 1.
(c) A product subject to the Plaintiff’s design: A description of the household-to-house design and its main drawings (attached Form 2): as specified in attached Form 2.
1) Prior designs 1) Prior Designs F Co., Ltd. (hereinafter referred to as “F”) practically operated by the Defendant while in office as an intra-company director.
) Company G (hereinafter referred to as “G”) produced by Company G.
2) The product supplied to women’s Boston bags (No. : H; hereinafter “instant product”).
(A) On October 27, 2015, G entered into the warehouse of G on October 27, 2015, and G sold it through the Internet, etc. From January 2016. The photograph of the instant product (attached Form 2; hereinafter the same shall apply) is a design newly reproduced in the instant lawsuit 2, prior design.
Advertising Agency, Inc., Ltd., Gai X-ray on January 16, 2015.