[거절사정][공1985.2.15.(746),205]
A. Criteria for determining similarity of designs
B. Whether the principal place of work is similar to the principal place of work (the principal place of work)
A. Determination of similarity of a design is not partially seen as part of each element constituting it, but if a dominant feature is similar in the overall relationship with one another, the two chairpersons may be deemed similar even if there are somewhat differences in the detailed characteristics.
B. Even though there are somewhat different points from the main sentence and the cited sentence, the two chairpersons are similar in terms of the characteristics that are entirely scepted, even though they are somewhat different from the main sentence and the cited sentence.
Article 5 of the Design Act
Supreme Court Decision 78Hu208 delivered on October 10, 1978; 82Hu29 Delivered on April 24, 1984
Patent Attorney Park Byung-soo, Counsel for the defendant-appellant
The Commissioner of the Korean Intellectual Property Office
Korean Intellectual Property Office Decision 1064 Dated April 30, 1984
The appeal is dismissed.
The costs of appeal shall be borne by a claimant.
The grounds of appeal by the claimant's representative are examined.
According to the reasoning of the original decision, when comparing the design registration application (registration number 1 omitted) registered with the Korean Intellectual Property Office (registration number 2 omitted) prior to the filing of the application for design registration in 1982 (registration number 1 omitted) (hereinafter referred to as the "design registration application") before the filing of the application, the Speaker of the original decision is formed with five anti-presidentials formed in the vicinity of the flusium and one strings (one strings) respectively, and the quoted Speaker is formed in the name of each other (one strings) after two strings and two strings are formed at different intervals, and the two strings are different from the two strings of the two strings of the original decision, and even if some strings are somewhat different from the two strings of the two strings of the original decision, the similarity of the design is not deemed to constitute the similarity of the two strings of the original decision, and even if it is somewhat similar to the two strings of the original decision.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Young-ju (Presiding Justice)