The defendant shall be innocent.

1. The summary of the facts charged is a person who operates E (the former trade name: F (State); hereinafter “Defendant Company”) from Nam-gu Incheon Metropolitan City D.

On January 25, 2011, the Defendant filed an application with the International Intellectual Property Office from the victim (State) whose representative director is G to the International Intellectual Property Office, imported a lighting fixture that imitates “F,” which was registered as a design (K; hereinafter “registered design of this case”) from China, and infringed the victim’s design right by selling it in Korea around May 2014.

2. Determination

A. Article 5 (Requirements for Registration of Design) (1) of the former Design Protection Act (amended by Act No. 11848, May 28, 2013; hereinafter “former Design Protection Act”) (hereinafter “former Design Protection Act”), 5 (Requirements for Registration of Design) (1) Any design that is industrially usable and falls under any of the following subparagraphs, may be registered as a design.

1. A design publicly known or worked inside or outside the Republic of Korea prior to an application for design registration;

2. A design inserted in publications distributed inside or outside the Republic of Korea prior to an application for design registration or made available to the public through telecommunications lines;

3. A design similar to a design falling under subparagraph 1 or 2. (2) No design shall be registered, notwithstanding the provisions of paragraph (1), for a design that, prior to the filing of an application for registration of the design, a person who has ordinary knowledge in the field to which the design pertains, is entitled to have the design created by a combination of designs falling under paragraph (1) 1 or 2, or by the shape, pattern, color, or combination thereof widely known in the Republic of Korea, or by a combination thereof (excluding the designs falling under any subparagraph of paragraph (1)).

Article 39 (Registration of Establishment of Design Right) (1) Design rights shall come into effect by the registration of establishment.

Article 82 (Crime of Infringement) (1) A person who infringes on a design right or exclusive license shall be punished by imprisonment for not more than seven years or by a fine not exceeding 100 million won.

(b) the victim’s design right is recognized. 1) The victim’s design right is sprinked.