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(영문) 특허법원 2014.10.24 2014허5275
권리범위확인(디)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) The product which is the object of the registered design 1) design: The date of application for the removal of the design: the date of registration / the date of registration / the registration / the number of designs C/D/E 3: The description of the design (attached Form 1) is as shown in the registered design of this case; 4) The obligee entitled to

B. The description of the design is as shown in attached Form 2, as the Defendant’s design subject to confirmation was conducted by the Defendant for a specific face-to-face design.

C. On January 17, 2014, the Defendant filed a motion against the Plaintiff for a trial to confirm the scope of patent rights by asserting that “the design of this case and the design subject to the registered design of this case are different in depth from the original direction of the face and the proportion of the front direction of the face and the number of pages adjacent to the face and the front direction of the face, the shape and shape of the face and the shape of the face themselves, and the existence of additional number of pages on the side of the face and the upper end of the face.” 2) On July 1, 2014, the Intellectual Property Tribunal rejected the Defendant’s motion for a trial to confirm the scope of patent rights on the ground that “the design subject to the registered design of this case are similar in the overall shape and shape from the registered design of this case, and it does not fall under the scope of the registered design right.”

[Grounds for recognition] Evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Summary of parties' arguments and the issues of the instant case

A. The summary of the party's assertion 1) The registered design of this case and the design subject to confirmation, which are the grounds for revocation of the trial decision of this case by the plaintiff's assertion, were composed of both upper and lower sides, cut off and lower parts, and the outer side side part, which can be seen as the essential part of the design, and the cut off part is the shape "C," and the lower part is the most obvious part. Since the overall shape is similar, the design subject to confirmation falls within the scope of the right of the registered design of this case. 2) The registered design of this case and the design subject to confirmation, which are the main part of the defendant's assertion, are the main parts that attracts the sight of the consumers.

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