The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, although the defendant could be found to have infringed the victim's design right as stated in the facts charged of this case, the judgment of the court below which acquitted the defendant, which affected the conclusion of the judgment.

Judgment

According to the evidence duly admitted and investigated by the court below, the following circumstances are recognized:

In light of the fact that the Defendant filed a petition against G Co., Ltd. (F) for a invalidation trial on the instant registered design, the said petition was dismissed by the Korean Intellectual Property Tribunal, and the Defendant filed a lawsuit for invalidation of registration with the Patent Court on May 2, 2012 and the Patent Court revoked the said trial decision by the Korean Intellectual Property Tribunal on the ground that “the instant registered design constitutes a design that can be easily created by combining comparison designs publicly known at the time of the application” (the Patent Court Decision 2012Heo238).

In addition, apart from the aforementioned litigation, the Defendant filed a claim for a passive trial to confirm the scope of the registered design right that the design used by the Defendant does not fall under the scope of the registered design right of this case, and the Intellectual Property Trial and Appeal Board rendered a decision to accept the request (2012Da348) on June 29, 2012 by the Intellectual Property Trial and Appeal Board (hereinafter referred to as the “Patent Court”) and filed a lawsuit to revoke the said trial decision to the Patent Court, but the Patent Court rendered a decision to dismiss the said claim on November 9, 2012 and ruled to lose the G Co., Ltd. was final and conclusive at that time (the Patent Court Decision 2012No7048 of the Patent Court Decision 2012Hu7048 of the Patent Court Decision 2012). Considering the fact that G Co. is still pending in the final appeal

. The above.