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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) Date of application/registration date/registration number of the instant registered design: The product subject to design on February 7, 2012/Sgd. 674159 (2) / December 20, 2012: the roof panel for prefabricated construction 3): Plaintiff 4: A description of the design and drawings (attached Form 1)
B. 1) Date of application/registration date/registration number of the similar multilateral in the instant case: A product subject to a design on February 7, 2012//Sgd. 674159/12) design: A roof panel 3 for prefabricated construction: A design right-holder: A design drawing (attached Form 2) of the design:
(c) a design subject to confirmation is a design relating to a roof panel for assembly construction, and the design drawings (attached Form 3) are as follows;
1) The Defendant filed a petition with the Intellectual Property Tribunal for a trial to confirm the scope of a registered design of this case by asserting that the challenged design does not correspond to the registered design of this case and does not fall under the scope of a registered design of this case. 2) The Intellectual Property Tribunal deliberated the case of the said request for a trial with the Intellectual Property Tribunal No. 2014Da629, Oct. 13, 2014.
【Ground of recognition】 The fact that there has been no dispute, and the purport of the whole entries and videos, images, and pleadings as referred to in subparagraphs A through 5
2. Among the common points of the Plaintiff’s assertion of the registered design in this case and the design subject to confirmation, the upper part’s protruding part, covered part, and the shape of protruding part of the lower part is not a functional shape that makes it impossible to replace the lower part, so the importance of the design shall not be evaluated lower or the width of a similar design shall not
On the other hand, the differences of both designs are merely a minor difference in detailed composition that does not affect the aesthetic sense, and thus, the person who can see if to observe the two designs as a whole is able to see it.