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(영문) 특허법원 2020.10.16 2019허9142

등록무효(디)

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s registered design indicated below (B) on May 3, 2019 (hereinafter “instant registered design”)

(2) On November 29, 2019, the Intellectual Property Tribunal filed a petition for a trial to invalidate the registration against the Defendant, who is the owner of the design right, “The registered design of this case” refers to the shape in which the front side of the prior design 1 (hereinafter referred to as “prior design 1”, and other prior designs in the same manner are also abbreviationd) is situated inside the horns of the horns of rhinoceros, which means the shape in which the front side of the front side of the design is unfolded. The Patent Tribunal shall be deemed to have been able to be easily created by the method of debrisoning the shape and thus the registration should be invalidated. (2) The Intellectual Property Tribunal deliberated on the registered design as one of the prior designs 1-8 publicly known before the application for the registered design, and on November 29, 2019, “The registered design of this case may be easily created by a person with ordinary knowledge in the field to which the design pertains (hereinafter referred to as “ordinary designer”), and thus, the Plaintiff’s trial decision to invalidate the registration of this case under Article 3(2).”

3) On December 30, 2019, the Plaintiff filed the instant lawsuit seeking the revocation of the instant trial decision. (b) The Plaintiff’s registered design (Evidence A 2 and 3) 1) registration number/filing date/registration date: The name of the product: C/D/E 2: canslicks drawings (attached Form 1):

C. Prior designs 9 are referred to as “design” for convenience in comparison with the drawings on the device described in the Utility Model Gazette or the registered design in the instant case.

1) On October 1, 2015, prior designs 1 (No. 4) are designs relating to cans, “flus” published in the G, and their drawings are.