등록무효(디)
1. The decision made by the Intellectual Property Tribunal on March 10, 2017 by the Intellectual Property Tribunal on a case No. 2016Da3505 is revoked.
2. The costs of lawsuit shall be.
1. Basic facts
A. On November 7, 2016, the Plaintiff asserted that “The Defendant’s registered design in the instant case described in B (B) is easily created from comparative designs, and thus the design registration should be invalidated, as it falls under Article 5(2) of the former Design Protection Act (wholly amended by Act No. 11848, May 28, 2013; hereinafter the same),” and filed a petition against the Defendant for a trial to invalidate the registration of the instant registered design as the Intellectual Property Tribunal No. 2016Da3505.
However, on March 10, 2017, the Korean Intellectual Property Tribunal dismissed the Plaintiff’s appeal on the ground that the registered design of this case does not fall under Article 5(2) of the former Design Protection Act, since a person with ordinary knowledge in the field to which the design pertains (hereinafter “ordinary designer”) was not easily created from the comparative design, and thus, the said registered design of this case was dismissed.
B. The Defendant’s registration number of the registered design of this case (Evidence A 3) / Date of application / Date of registration: Articles subject to design on February 10, 2014/10 of 30-0771054// date of registration: The description of the lost design and the main drawings of the lost design are as shown in attached Form 1.
C. 1) Prior Design 1 (No. 4) is the subject design of the instant trial decision. The name of an Internet UDRB product: The main drawing of the C design is as shown in paragraph 1 of the attached Table 2. 2) Prior Design 2 (No. 5) is the subject design of the instant trial decision.
The source: The name of the Internet UDRD product: The main drawing of the E design: The same shall apply to paragraph (2) of attached Form 2.
3) Prior Design 3 (No. 6) is the subject design 3 (Evidence A) of the instant trial decision. The design registration number / filing date / publication date: the product subject to design registration No. 30-035126/ 2004/ June 23, 2003: the main drawing of the design of Bani design (attached Form 2: d. 4) prior design 4 (No. 7) of the instant trial decision.