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(영문) 특허법원 2019.02.01 2018나1077

특허권 등 침해금지 등 청구의 소

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1. The plaintiff's appeal and the claim for exchange change in the trial are all dismissed;

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff’s registered design right of this case as stated in the Plaintiff’s respective registered design right of this case (hereinafter “each registered design of this case”) and similar design of this case (hereinafter “each registered design of this case”).

C and E Research Institute (hereinafter referred to as “E”)

(2) On July 25, 2016, the Plaintiff was jointly filed and registered, but the Plaintiff is currently jointly owned by the Plaintiff and C, by taking over the entire shares of E among the registered design rights in the instant case and completing the registration of transfer. (2) The registration number / the filing date / the registration date: F/ G/H design goods subject to the design: First, the description of the design is a concrete, steel, and steel. (2) The material is a concrete floor board made in advance in the factory, and a single shape is a combination of the shape and shape of the concrete floor board for architectural purposes as the essential point of the design creation.

b. Major drawings 3) The similar design registration number/filing date/registration date of this case: A product subject to J/G/H design: A material in description (1) of the design is concrete, steel bars and lectures. (2) The material in description is a concrete floor board made in advance in the factory, and a material in the shape of a majority of tribs in the upper part of the lower part made up of a board. The main point of design creation is the combination of the shape and shape of the floor board of the frigrost concrete for construction as the main point of the design creation.

(b) Major drawings;

B. The Plaintiff’s right to each of the instant registered trademarks 1) and 2 (3) indicated in the Plaintiff’s right to each of the instant registered trademarks 1 and 2 (2) of this case.

(2) On July 25, 2016, the Plaintiff is sharing the registration number of the first registered trademark in this case with the Plaintiff, as the Plaintiff acquired the entire shares of E and completed the registration transfer on July 25, 2016.