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(영문) 특허법원 2015.12.17 2015허3696
권리범위확인(디)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) Date of application of the registered design of this case / Date of registration / Number of registration : Goods subject to design D/E/F 2: design right right holder G3: Plaintiff 4: A description and drawings of the design (attached Form 1)

(b) A design subject to confirmation is a design relating to a saver correction machine, and the design’s drawings are as shown in attached Form 2.

C. Prior design 1) Prior Design 1 (No. 4) is a design relating to “the isolation space” as published in Article 219 of the Design Gazette as of March 9, 1980. 2) Prior Design 2 (No. 5) is a design relating to “the method of manufacturing a high pressure apparatus and its high pressure apparatus” published in the Patent Gazette as of September 5, 2000, published in the Patent Gazette as of September 5, 200.

3) On August 5, 200, the prior design 3 (No. 6) published by the Utility Model Gazette No. 2000-0015648 published on August 5, 200, the Defendants asserted against the Plaintiff that the challenged design does not correspond to the registered design of this case and claimed a trial to confirm the scope of a patent right to the Patent Tribunal.

2) After having deliberated the instant case on the appeal as 2014Da3325, the Intellectual Property Tribunal rendered a trial ruling citing the Defendants’ request on May 12, 2015, on the ground that “the design subject to confirmation does not fall under the scope of protection of the registered design of this case because the overall form and form of the registered design of this case are not similar to those of the registered design of this case.” 【The facts without any grounds for recognition, the entries in the evidence A1 through 6, and the purport of the entire pleadings and arguments.”

2. The plaintiff's assertion

A. Although the registered design of this case and the design subject to confirmation are different in the existence of covers, the shape of columns and floor board causing a dominant aesthetic sense is identical or very similar, a person to view both designs as an overall comparison and observation is required.

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