권리범위확인(디)
1. The decision made by the Intellectual Property Tribunal on December 29, 2014 on the case No. 2014DaDa20777 shall be revoked.
2. The costs of lawsuit shall be.
1. Basic facts
(a) Date of application 1)/ Date of registration/registration number: The name of a product subject to design registration (No. 716324 Item 2) on August 27, 2012 / November 7, 2013: The description of the design and drawings: The owner of the design right specified in attached Table 1; 4) the Defendant:
B. The description and drawings of the design are as shown in the attached Table 2, and the actual photograph of the design subject to confirmation is as shown in the attached Table 3, because the Defendant’s design subject to confirmation was conducted by the Plaintiff as to the specific “locked for ballot boxes.”
C. On August 21, 2014, the Defendant filed a petition with the Intellectual Property Tribunal for an affirmative trial to confirm the scope of rights of the registered design of this case (No. 2014Da20777) by asserting that the challenged design falls under the scope of rights of the registered design of this case, and that the challenged design falls under the scope of rights of the registered design of this case. 2) On December 29, 2014, the Intellectual Property Tribunal rendered the instant trial decision citing the Defendant’s petition for trial on the ground that the challenged design falls under the scope of rights of the registered design of this case, since it is similar to the registered design
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings
2. The plaintiff's assertion
A. The registered design of this case and the design subject to the confirmation are similar in that the registered design of this case and the design subject to the confirmation are integrated into the name of the body, centering on the conclusion of the contract, and the part of the body body is laid down in the shape of the fixed body. However, such similar points are the basic or functional form for each design to be set up in connection with the ballot box, and the design subject to confirmation is different from the registered design of this case from the registered design of this case, and there are dominant features such as the formation of five rectangular shapes under each combination of fixed segments. Thus, since the design subject to confirmation differs from the registered design of this case, the design subject to confirmation is the registered design of this case.