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(영문) 인천지방법원 부천지원 2019.01.31 2016고정1512

디자인보호법위반

Text

Defendants are not guilty.

Reasons

1. Defendant A is the representative of Company B in Kimpo-si and D at Kimpo-si, and Defendant B is the manufacturer of plastic household goods.

1. From March 18, 2016, Defendant A manufactured 5,000 lid lids in the shape of sealed containers for food storage registered with the Korean Intellectual Property Office by the representative director F of the victim E in the company’s factory from March 18, 2016, and sold lids in the shape of the lids converted from the G date to the Korean Intellectual Property Office, and infringed the victim’s design right.

2. Defendant B, at the same time and place as in the preceding paragraph, infringed the victim E’s design right by having the representative A perform the same act as in the Defendant’s business.

2. According to the records, Defendant B filed a request for a trial to confirm the scope of right by asserting that the design of the food storage container (hereinafter “design subject to confirmation”) executed by the Defendants against the victim E et al. (hereinafter “victim E et al.”) does not fall under the scope of the right of the design of the container for food storage (hereinafter “instant registered design”) filed by the victim E et al. on December 27, 2016. ② The Korean Intellectual Property Tribunal rendered a decision to dismiss the Plaintiff’s request on March 23, 2018 on the ground that “the design subject to confirmation does not constitute a free working design, but falls under the scope of the right because the registered design and the aesthetic sense are similar to the registered design of this case,” ③ that Defendant B filed a lawsuit to confirm the scope of right (D) under the Patent Court Ordinance No. 201898, Apr. 24, 2018; ④ that the registered design of this case does not fall under the scope of the right to practice the registered design of this case.