디자인보호법위반
The defendant shall be innocent.
1. The Defendant, in the facts charged, operated “E” located in Asan City. The Defendant, without the consent of the victim F to use the pressed design (registration number: 30-045354; hereinafter “instant registered design”) for the purpose of opening and closing windows registered with the Korean Intellectual Property Office, infringed the victim’s design right by producing approximately seven tons of the pressed frame for the same creative frame as the design the victim designed in the instant E from December 201 to May 201.
2. According to the records submitted by G Co., Ltd., ① the Defendant (the representative director was F, and the design right of this case was transferred from F, Oct. 1, 2010), but the Intellectual Property Trial and Appeal Board dismissed a request for a trial against the Intellectual Property Trial and Appeal Board to invalidate the registration of the registered design. ② The Defendant filed a lawsuit to invalidate the registration of the design (the Patent Tribunal 2012Heo238) with the Patent Court on May 2, 2012, and the said court revoked the above trial decision of the Intellectual Property Trial and Appeal Board (the registered design of this case is deemed to be a design that can be created easily by combining the comparison design already known at the time of the application) on the ground that “the registered design of this case is a design that could be created easily by combining the comparison design already known at the time of the application,” and ③ the Defendant filed a trial with the Intellectual Property Trial and Appeal Board to the effect that the design used by G does not fall under the scope of G’s registered design right.
The above facts of recognition.