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(영문) 특허법원 2019.05.03 2018허5570

등록무효(디)

Text

1. The decision made by the Intellectual Property Tribunal on June 7, 2018 on the case shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

(a) The Plaintiff’s registered design (A/1-1-2) 1)/ Date of application/registration number: C/D/E 2: The product subject to design: F3 main contents and a description of drawings;

1. The material of the design of this case is double-brupted in the form of a brupt and PET master. 2. 3. The fileer is in the form of “” when seen on the plane or on the surface of the earth, and thus, has excellent carbon and restoration ability. 4. As the buffer function and ventilation function are excellent, it is used as a brupt, floor, or set for wall surface. 5. On May 1, 201, it is used continuously in a parallel and in a necessary size. 6. The photographs used by the drawing board of the registered design of this case were taken on the background of verification color so that the shape and shape of the network can be displayed well, and the shape and shape of a brupted body can be displayed in the vicinity of a brupted body, and the shape and shape of a brupted body can be excluded from the design subject to design registration. The shape and shape of a brupted body of the design of this case as a brupted body of the design of this case.

(b) Sheet map 1 (Partial extension map) Sheet map on the right side map on the upper side of the earth surface map;

B. Although the Defendant filed a lawsuit in the instant case by asserting the grounds for invalidation of the registered design of this case, the Defendant filed one to five prior designs, the claim based on the prior design 2 was subsequently withdrawn, and thus, the description as to the prior design 2 is omitted.

On the other hand, among the prior designs, the prior designs 4 are related to a patented invention contained in the actual Patent Gazette, but in comparison with the registered design of this case, "design" is called "design" for convenience.

1. Pre-design.