권리범위확인(디)
1. The decision made by the Intellectual Property Tribunal on March 27, 2015 on the case No. 2014DaDa2974 shall be revoked.
2. The costs of lawsuit shall be.
1. Basic facts
(a) Registration number 1)/ Date of application / Date of registration: The product subject to design registration No. 0636817// August 6, 2010 (No. 0636817// August 6, 2010): A description of the design and drawings: A design right-holder: the Defendant;
B. A design concerning a specific “B” that the Defendant is working on the Plaintiff, and its explanation and drawings are as shown in attached Table 2.
C. 1) On November 21, 2014, the Defendant filed a motion with the Intellectual Property Tribunal for an affirmative confirmation of the scope of right (2014Da2974) against the Plaintiff that the instant design subject to confirmation falls under the scope of right because the said design is identical or similar to the instant registered design. 2) On March 27, 2015, the Intellectual Property Tribunal accepted the Defendant’s motion and rendered the instant trial decision that the instant design subject to confirmation falls under the scope of right to the instant registered design, on the grounds that the instant design subject to confirmation is similar in the same or similar form to the instant registered design, on the grounds that the instant design subject to confirmation falls under the scope of right to the instant registered design.
[Judgment of the court below] The plaintiff 1, Gap 1, 2, 3, and all of the arguments
2. The ground for revocation of the Plaintiff’s trial decision constitutes a so-called free working design publicly notified before the application of the registered design of this case, and thus does not fall under the scope of the right without any need to compare with the registered design of this case.
Therefore, the trial decision of this case, which has different conclusions, should be revoked in an unlawful manner.
3. Whether the challenged design in this case constitutes a free-working design
(a) in the scope of the scope of the registered design right, the design subject to confirmation is published prior to the application of the registered design, or is widely known in the Republic of Korea by a person with ordinary knowledge in the field to which the design pertains;