권리범위확인(디)
1. The decision made by the Intellectual Property Tribunal on March 20, 2019 by the Intellectual Property Tribunal on the case shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Basic facts
(a) The date of application for the registered design of this case (Evidence A 2 and 3)/ the date of registration/registration number: C/D/ 2: Main contents and drawings of a ceiling, etc. 3: The owner of the design right is the defendant;
(b) A product subject to a design subject to confirmation (i) Major photographs of a tent, etc.: as shown in attached Table 2;
C. Prior designs 1 and 2 are the same as prior designs 1 and 2, respectively, submitted in a trial for confirmation of the scope of design rights.
1) The filing date(a) of the preceding design 1(A)/ the registration date / the publication date / the registration number: F/ G/ the product subject to design registration HB on January 16, 2014: The main contents and drawings of the design are as specified in attached Table 3(A).
4) The filing date of the preceding design 2(a)(A) / the filing date of the registration / the publication date / the registration number: I./ J.//Sgd./ June 21, 2007: The main contents and drawings of the design subject to design registration K(C) are as specified in attached Table 3(b).
C. 1) The Plaintiff, the owner of the instant design right, filed a petition against the Defendant, the licensee of the instant design subject to confirmation with the Intellectual Property Tribunal for an affirmative trial to confirm the scope of right on the ground that “the instant registered design and the design subject to confirmation are very similar to the overall shape and shape, and the design subject to confirmation falls under the scope of the right to the instant registered design).” 2) The Intellectual Property Tribunal deliberated upon the petition as the head of 2018Da2383. On March 20, 2019, “The instant registered design constitutes a design that could easily be created by a person with ordinary knowledge in the field to which the design pertains (hereinafter referred to as “ordinary designer”) from 1 and 2 published before the filing of the application, and thus, the scope of the right is not recognized.” Thus, the instant design subject to confirmation does not fall under the scope of the right to the instant registered design.”