beta
(영문) 특허법원 2016.05.20 2016허144

권리범위확인(디)

Text

1. The decision made by the Intellectual Property Tribunal on November 23, 2015 on a case No. 2015Da3402 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

(a) The registration number of the Defendant’s registered design (certificate A 3)/ the filing date/registration date: A product subject to C/D/E design: The description of the F design and its main drawings (attached Form 1):

Design right-holder: Defendant

(b) A product subject to the Plaintiff’s verified design (Evidence A 4): A description of the G design and its main drawings: as specified in attached Form 2;

The design subject to confirmation is the same as the design for which the plaintiff applied for H and the I registration number J was applied for.

(A) evidence 6.c.

1) Prior design 1 (No. 7 No. 1) published on December 2, 1975 in the U.S. Patent Gazette 3,923 and 442 of the Prior Design 1 (No. 7), the main drawings are as shown in [Attachment 3] 1. The Defendant asserts to the effect that prior design 1 does not constitute prior design in relation to the design of this case or the design subject to confirmation. According to the evidence No. 7-1 and 2, drawings No. 1 of the Prior Design 1 are not “Hls” but “the gold-type design of this case.” However, according to the evidence, drawings No. 1 of the Prior Design 2 are a gold-type design of this case, which is a gold-type design of this case, and drawings No. 1 of the Prior Design 2 of this case are no more than 1 of the Prior Design 2 of this case’s quimomothic 9, which is an expression of the quimothic 2 of the PH.