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Reasons
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(영문) 특허법원 2021.01.22 2020허4099
등록무효(디)
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1. The Korean Intellectual Property Tribunal’s decision on March 30, 2020 rendered on the case No. 2116 dated March 2018 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. 1) Registration number / filing date/registration date of the instant registered design: product subject to design C/D/E (2) design registration: description of the design, and the main points and drawings of the design creation: [Attachment 1].

B. Prior designs 1) Design 1 (No. B. 1) published on the Internet (F) on June 5, 2015, as a design relating to “postpile site” in [Attachment 2]’s “A.”

2) Design 2 (No. 7 No. 2) on May 7, 2015, published on the Internet (G) on the line design 2 (No. 7) is as follows: [Attachment 2]’s “B.”

3) Design 3 (No. 8) of the line design 3 (No. 8) on June 1, 2015, posted on the Internet (H) on the line design, and [Attachment 2] C.

As stated in “..........”

4) Design 4 (No. 9 No. 9) on June 16, 2015, posted on the Internet (I) on the line design 4 (No. 9) on the line design, and is d in [Attachment 2].

As stated in “..........”

5) Design 5 (No. 10 No. 10) on June 11, 2015, posted on the Internet (J) is as follows: [Attachment 2]’s “E.”

6) Design 6 (No. 11 No. 11) of the line design is a design as to “inbound site” posted on the Internet (K) on March 23, 2015, as shown in [Attachment 2]’s “F.”

7) Design 7 (No. 12 evidence) of the first-hand design is related to “sular site” posted on the Internet (L) on June 19, 2015, as shown in [Attachment 2]’s “g.”

8) At least 8-1, and not more than 2, the number will be omitted, except as specifically stated.

(Evidence No. 17) as a result of M search on “duk Pattern” before March 12, 2015 (No. 17) and as a result of (N) “h.” in [Attachment 2].

9) A design related to “ tape” posted on the Internet (O) September 3, 201, 9 (No. 18 Evidence No. 18) is as shown in [Attachment 2]’s “i.e.,”

10) A design related to “child clothing” posted on the Internet (P) on June 21, 2015, 10 (No. 13 Evidence No. 13) is as follows: [Attachment 2]’s “j.”

11) Prior design 11 (B)

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