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(영문) 특허법원 2015.11.06 2015허3160

거절결정(디)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The filing date of the instant design (A evidence 1-1)/ the filing date of the priority claim/ the application number: the product subject to the design on March 20, 2012//Sgd. 30-2012-4510 (2) of the Act: the waferer with the waferet’s waferer’s waferer’s waferer’s waferer’s waferer’s waferer’s waferer’s waferer’s waferer’s waferer’s waferer’s waferer’s wadi) is a tool to store and transport the above waferer or to proceed with the following process.

(c) Description and drawings of the design: [Attachment 1]

B. In the case of the comparative design published in Article 30-6558 of the Registered Design Gazette published on August 21, 2012, the name of “goods subject to design” shall be “Kenya” in the case of the comparative design for the manufacture of luminous chips, but the name of “goods subject to design” shall be written “glish” in accordance with the correct loan marking method. The description and drawings of the design shall be as shown in attached Form 2.

C. 1) As to the Plaintiff’s application for design registration of the instant design, the KIPO examiner of the Korean Intellectual Property Office (hereinafter “Korea Intellectual Property Office”) merely expressed the Plaintiff’s application for design registration on October 2, 2013 using the shape of “original” widely known in the Republic of Korea, and thus, cannot obtain design registration under Article 5(2) of the former Design Protection Act (wholly amended by Act No. 11848, May 28, 2013; hereinafter “former Design Protection Act”).

On December 2, 2013, the Plaintiff notified the submission of its opinion. 2) Unlike the existing wafers, the design of the instant application is characterized by ① having a studio structure with a studio on the basis of the central shotlet, and ② having a home such as the key hole that can install a kifin at the bottom center of the design.