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(영문) 특허법원 2016.02.04 2015허4781

등록무효(디)

Text

1. The decision made by the Intellectual Property Tribunal on July 22, 2015 on the case shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. 1) The filing date/registration date/registration number of the Defendants’ registered design of this case: C/D/ E2: the description and drawings of the design of F3; b) the prior design is as specified in attached Form 1; b) the filing date/registration date/registration number of the prior design 1 (No. 4) / the date of registration: the date of November 9, 2001 / the name of the product no. 304123 (b) / the name of the drug no. 304. 2) of the prior design (attached Form 2) / the registration date/registration number: 2) of the prior design (No. 5: the date of application: 10/1980; 2) of the prior design and the design no. 4: the name of the article no. 3076(b) on August 11, 1980; 2) / 306(b) of the design registration No. 94. 196.2)/196.

(A) The date of application / the date of publication / the date of registration / the registration / the registration number: The name of the product on July 9, 1996 / January 19, 1998 (No. 176787 (b) of the utility model registration: D: as shown in attached Form 2) drawings: (5) the date of application / the date of registration / the registration / the date of registration / the registration / the name of the product on July 29, 1996 (No. 8) : the name of the product on October 21, 1998 (No. 23039 (b) of the design registration: [Attachment 2] drawings of containers for packaging: (c) the Plaintiff constitutes a similar registration against the Defendants on April 6, 2015 (amended by Act No. 1581, Oct. 13, 2015; hereinafter the same shall apply).

The plaintiff filed a petition for registration invalidation trial (2015No. 396).

2. The Korean Intellectual Property Tribunal on July 22, 2015 (hereinafter referred to as "the registered design of this case") is similar to prior designs 1.