권리범위확인(디)
1. The decision made by the Intellectual Property Tribunal on March 28, 2019 by the Intellectual Property Tribunal on the case shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Basic facts
(a) The design registration number of the instant registered design (Evidence A 1 and 3) 1 / the filing date / the registration date: C/D/E (name of a product: F3): The design right-holder is as shown in Appendix 1. 4: the Defendant;
(b) Description and drawings of the design subject to confirmation and prior designs 1 (Evidence A 2, A 5, and 13) (Evidence A 2, A 5, and 13): Explanation and drawings of the design subject to confirmation: as shown in Attached Table 2;
3) China’s H (H; hereinafter “H”) on August 28, 2017
(i) the chargers of the e-mail with electronic products for fishing (the model name: I; hereinafter referred to as “H chargers”) that are made by the manufacturer;
(C) The prior design 2 is newly submitted as the prior design in the litigation procedure for revocation of the trial decision (Evidence A No. 14 and 15) on December 8, 2017 by China J (J, hereinafter referred to as “J”) in China.
(B) the e-mail chargers (the model name: K; hereinafter referred to as “J-chargers”) to be manufactured by the fishing e-mailers.
(D) The drawings relate to “G”, and the relevant drawings are as shown in attached Form 3. D. The Plaintiff filed a claim against the Defendant, the owner of the registered design right of the instant case, the Intellectual Property Tribunal, against the Defendant, who is the owner of the registered design right of the instant case. “The challenged design constitutes a free implementation design publicly notified before the filing date of the registered design of the instant case, and thus, the challenged design does not fall under the scope of the right of the registered design of the instant case.”
2) After the Intellectual Property Tribunal examines the design as 2010Da1811 on March 28, 2019, the Intellectual Property Tribunal rendered a trial ruling dismissing the Plaintiff’s request for a trial on the ground that “the design subject to confirmation cannot be deemed publicly notified before the filing date of the registered design of the instant case, and cannot be deemed a free working design, and since the overall aesthetic sense with the registered design of the instant case is similar, it falls within the scope of the right to the registered design of the instant case (hereinafter “instant trial ruling”).
A. [The evidence Nos. 1, 2, 3, 5, 13, 14, and 15, respectively, based on recognition.]