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1. The decision made by the Intellectual Property Tribunal on September 20, 2019 on the case No. 2018Da3158 shall be revoked.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
A. The Plaintiff’s registered design (No. 1 and 2 No. 1) / the filing date/ the filing date: The name of the product: G 3: the description of the design and the main drawings: 4) the description of the design and the main drawings: as shown in the attached Form.
B. Prior Design 1 (No. 7) A prior design 1 (No. 7) is a photograph as to “I” published on the 15th page of the Kabrog (Evidence No. 7) published at H from “H” to “H” in 2016. The Plaintiff appears to have claimed both the “Kabrog file” and “Kabrogs book” posted on H’s website as the prior design 1, and the two are examined in each below (hereinafter referred to as “Kabrogs file” on which the prior design 1 is published, and the Kabrog’s PDF file on the Kabrog’s PD file as “first file,” and the screen posted on the Kabrog’s website as “rogs 1 web page.”
I) 2) 2 (A) registration number/registration date/registration date/public notice of prior designs: The name of a product on July 22, 2014 (No. 754259//10, Jul. 28, 2014: 3) prior designs / the registration number of prior designs / the filing date / the filing date / the registration date / the public notice of registration: The name of a product on February 3, 2015 (No. 825618/205, Nov. 12, 2015) and the name of a container on which air conditioners are supplied:
C. On October 1, 2018, the Plaintiff filed a petition for registration invalidation trial against the Defendants under the Intellectual Property Tribunal No. 2018Da3158 on October 1, 2018, on the grounds that “the registered design of this case is identical or similar to prior designs 1, or ② a person with ordinary knowledge in the same design field (hereinafter “ordinary designer”) can be easily created by the combination of prior designs 1 and 2, and thus constitutes grounds for registration invalidation trial under Article 33(1) or 33(2) of the Design Protection Act.” The registered design of this case is referred to as “the registered design of this case” (hereinafter “instant case”).