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(영문) 대법원 1984. 5. 29. 선고 83후57 판결

[의장등록무효][공1984.8.1.(733),1189]

Main Issues

Examples that the Speaker does not have newness with respect to the appearance attached to the outer side of the exercise picture;

Summary of Judgment

In this case's design summary of the design of the design of the design of this case concerning "blus pattern and patternless shape attached to the outer side of a sports composition" shall be attached, and unlike the blus body, the shape of the blus body indicating the blus body pattern shall be attached to the shape of the blus body indicating the blus body pattern in a foreign country, the shape of the blus body indicating the blus body pattern different from the upper part of the blus body body of the sports composition shall be attached to the reinforcement body indicating the flus body pattern in a foreign country, and it shall not be new because it is identical or similar to the shape of the flus body in which the flus

[Reference Provisions]

Article 5 of the Design Act

Claimant-Appellee

Los U. S.S. Patent Attorney White-gu et al., Counsel for the defendant-appellant

Appellant, appellant-Appellant

Patent Attorney Park Jae-chul, Counsel for the defendant-appellant

original decision

Korean Intellectual Property Trial Office No. 17 decided on June 13, 1983

Text

The appeal is dismissed.

The costs of appeal shall be borne by the respondent.

Reasons

The grounds of appeal are examined.

(1) According to the reasoning of the original decision, the court below is just in reviewing the process of the cooking the evidence which was published by the claimant on November 11, 1981, and recognized the fact that the shape of the fembalian animal, the shape of which was indicated differently in the upper part of the backblue, and the shape of the femalian, the original femals (2) of the original femals, which was indicated in the shape of the femalian, applied on November 11, 1981, and the original femals (2) of the original femals in the shape, which was indicated in the publication advertised by the claimant on June 12, 192, before the application for the design of this case registered on June

(2) The original decision is based on the main text of the design of this case, "a saves and saves attached to the outer side of the sports composition" and the main text of the device is different from the shape and back saves attached to the upper part of the sports composition with the vertical saves attached with the vertical saves attached to the upper part above the middle part of the sports composition, and is divided into two parts of the shape indicating the saves in which the saves are marked differently on the saves. The main text of the latter device is identical or similar to that of the saves attached to the publications distributed in foreign countries, and the main text of the device is not new and new, compared to that of the saves (1) of the earlier application, if the saves attached with the saves attached to the upper part above the middle part of the sports composition were not identical or similar to the saves (2) of the design of this case.

All arguments are groundless.

(3) Therefore, the appeal is dismissed, and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeong Tae-tae (Presiding Justice)