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Reasons
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(영문) 특허법원 2018.12.13 2018허6627
권리범위확인(디)
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1. The decision made by the Intellectual Property Tribunal on August 1, 2018 by the Intellectual Property Tribunal on the case shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

(a) The registered design of this case (No. 2 and 3) (1)/ the filing date/registration date: The name of a product on August 9, 2012, No. 731908///200 of the design registration: The drawing of Jini-gu (3): [Attachment 1].

(d) Exclusive licensee: Defendant;

(b) The name of the product subject to confirmation (Evidence 1 and 13 (1) of the design subject to confirmation conducted by the Plaintiff: The drawing of the self-sampon (2): as shown in attached Form 2.

C. Prior designs (1) A prior designs (No. 12) are designs relating to “self-defluence block (126p)” inserted on Internet NAVV block (126p) on August 8, 2012, and their drawings are as “A” listed in attached Form 3.

(2) Pre-design 2 (No. 4-1, 2) on January 1, 2007, the design on “Massker 30 Neman Masker Masker 30 Masker Masker Masker Masker Masker Masker Masker Masker Masker Masker Masker Masker

(3) Prior design 3 (Evidence 8) of the prior design is a design relating to the "sumany" published in accordance with Article 515101 of the Registered Design Gazette on December 17, 2008, and its drawings are as shown in [Attachment 3].

(4) It was newly submitted in the instant lawsuit for prior design 4, and there is no dispute between the parties as to the fact that the design was publicly announced prior to the filing of the instant registered design application.

(No. 9 and 10 Evidence) A around November 2010, 2010, it is a design applied to the “scopulation block 228 feet (goods number: GN012)” included in the product, and its drawings are as “D” in attached Form 3.

(1) On December 4, 2017, the Defendant filed a petition against the Plaintiff for an affirmative confirmation of the scope of right (2017Da3832) seeking confirmation of the scope of right (2017Da3832) with the Intellectual Property Tribunal, alleging that “a design to be verified, being implemented by the Plaintiff, is similar to the registered design of this case, and falls under the scope of the right.”

(2) The Intellectual Property Trial and Appeal Board on August 1, 2018 shall be conducted by the Plaintiff.

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