The Plaintiff filed an application for design registration with respect to the storage box of goods sold by the Plaintiff (hereinafter referred to as “Plaintiff’s goods storage box”), and began to sell the goods supplied from June 18, 2013 to “D”, and the design filed for registration was registered as E design registrationF.

B. On August 7, 2013, the Defendant confirmed the design of the Defendant’s goods storage box (hereinafter “Defendant’s goods storage box”) to be sold, and ordered the Chinese factory to produce prototypes, and sold them in the name of “G” after importing them.

C. On July 24, 2014, the Plaintiff filed a request with the Intellectual Property Tribunal to confirm whether the storage of the Defendant’s goods infringed on the design right to the Plaintiff’s goods storage box, and the Intellectual Property Tribunal decided on December 30, 2014 that the design of the Defendant’s goods storage box falls under the scope of the registered design right to the Plaintiff’s goods storage box.

2. Occurrence of liability for damages;

A. The fact that the design of the Defendant’s goods storage box falls under the scope of the Plaintiff’s registered design right of the Plaintiff’s goods storage box is subject to no dispute between the parties.

B. As to the claim of a non-exclusive license due to the Defendant’s prior use, the Defendant asserts that the design of the Defendant’s goods storage box does not infringe the Plaintiff’s right to design on the storage of the goods, since the Plaintiff had a non-exclusive license for prior use since the design of the Defendant goods storage box was already made before the Plaintiff applied for registration.

In the case of an application for design registration, the design shall be created or it shall be known to the creator of the design without knowing the contents of the design claimed in the application for design registration.