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(영문) 특허법원 2020.10.23 2019허4635

권리범위확인(디)

Text

1. The decision made by the Intellectual Property Tribunal on May 22, 2019 on a case No. 2018Da4311 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Presumed factual basis

(a) Date of application of the registered design of this case (Evidence A 2 and 3)/registration date/registration number: C/D/E 2: A description of the design and drawings: The design right-holder of the design right: the defendant;

(b) Date of application/registration number of the similar design (No. 1) of this case: The product that is the subject of design of F/G/H 2: a description of the design and drawings: the description and drawings of the design: the design right holder is as shown in attached Table 2; the defendant

C. The design subject to confirmation (Evidence A No. 1) was registered after the instant trial ruling.

(B) The description of the design and drawings (registration number: J. 1): the description of the product: 2 (No. 6)/registration number: 2) the date of application of the prior design (No. 8)/registration number: the date of application of the prior design 1 (No. 8)/the date of registration: the product subject to the prior design: No. 6357 (b) March 2, 2012: c) the description and drawings of the design which are subject to the prior design: 2 (No. 6)/registration number: No. 2) the date of application of the prior design (No. 6)/registration number: No. 10 (No. 14. 14. / 68208). The Plaintiff asserted that the prior design falls under the category of the design subject to the prior design and the design registration No. 20 (No. 25. 38. 12: 205)/14. 2013.

2. The Intellectual Property Tribunal shall file the above appeal.