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(영문) 인천지방법원 부천지원 2015.11.26 2015고정588
디자인보호법위반
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Defendant A Co., Ltd. is a business entity established for the purpose of miscellaneous, fashion goods, and wholesale and retail business of household goods in Kimpo-si, Kimpo-si, 101, and Defendant B is an internal director of the above business entity.

Defendant

B From December 2, 2013 to January 2, 2014, the Defendant manufactured damp-style products with a similar shape, which are similar to the habiters registered with the registration number No. 30-0721541, to the Korean Intellectual Property Office on December 13, 2013, and sold them in online open market sites, online open market sites, Gash, No. 11, No. 11, No. 11, No. 11, No. 201, No. 201, No. 20144, and No. 201, No. 201, Dec. 13, 2013, thereby infringing the Defendant’s right to design.

B. Defendant A, at the above date and place, violated the victim’s design right in relation to the Defendant’s business.

2. The following facts are acknowledged in full view of the evidence duly adopted and examined in this Court’s judgment.

① Defendant A filed with the Intellectual Property Trial and Appeal Board a motion to seek confirmation of passive rights related to the scope of rights under Article 721541 of the Design Registration Number (Patent Trial and Appeal Board No. 2015Da3354).

② In the above case, the Korean Intellectual Property Trial and Appeal Board decided that the challenged design presented by Defendant A does not fall under the scope of the above design right and rendered a trial decision upon Defendant A’s request.

3. The shape of the habits created by Defendant B as stated in the facts charged is the same as the design for which the case is confirmed by the Intellectual Property Tribunal.

According to the above facts, the evidence submitted by the prosecutor alone is insufficient to deem the facts charged of this case to have been proven that the defendants violated the victim's design right by selling habits similar to the victim's registered design, and there is no other evidence to acknowledge it.

3. According to the conclusion, this case.

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