2. The costs of lawsuit shall be borne by the Plaintiff.

(a) The Plaintiff’s application date/registration date/registration number of the instant registered design (No. 1, 4) (1)/: The name of the goods B/C/Design D (2): A description and drawings of the design E (3): the same shall apply to attached Form 1.

(b) The name of the product subject to confirmation: E (2) a description and drawings of the design: as shown in attached Form 2;

C. (1) On April 22, 2016, the Plaintiff filed a petition for trial on confirmation of the scope of active rights (2016Da1043) with the Intellectual Property Tribunal to the effect that “the design subject to confirmation is similar to the registered design of this case, since it falls under the scope of the registered design of this case.”

(2) On February 7, 2017, the Korean Intellectual Property Tribunal rendered the instant trial ruling dismissing the Plaintiff’s request on the ground that “The design subject to confirmation differs from the registered design of this case, since its overall aesthetic sense is different from that of the registered design of this case, it does not fall under the scope of the right.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Whether the trial decision of this case is unlawful

A. The gist of the Plaintiff’s assertion (the grounds for revoking the trial decision) is similar to the dominant feature, such as overall shape, regardless of detailed differences from the registered design of this case. Thus, it falls under the scope of the right to the registered design of this case.

Therefore, the trial decision of this case, which was otherwise decided, should be revoked in an unlawful manner.

B. Whether the challenged design falls under the scope of the right to the registered design of this case or the similarity of the relevant legal doctrine or design is similar not to separately compare the elements constituting the design in each part, but to compare and observe the whole with the whole, and to make an aesthetic sense and impression that can be inferred in the mind of the people.