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(영문) 특허법원 2017.04.20 2017허158
등록무효(디)
Text

1. The decision made by the Intellectual Property Tribunal on November 17, 2016 by the Intellectual Property Tribunal on a case No. 4232 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. 1) Date of application/registration date/registration number of the registered design of this case: A product subject to design B/C/D2: E3); description of the design; the essential point and drawings of the creation of the design; 4) owner of the design right: Defendant

(b) 1) Prior Designs 1 (A) / Publication Publication 1 (No. 4) / Publication: The product subject to design registration No. 30-0714924(b) on November 5, 2013: A description of the design, the summary and drawings of the creation (attached Form 2).

2) The following images are photographs included in the bulletin “G” posted as of September 27, 2013 on prior designs 3 (Evidence 6 of A) Nvergs (F) on the bulletin “G” published as of September 27, 2013. 3) The recording date on prior designs 7 (Evidence 10 of A) Nvergs (No. 10) is indicated as of June 2014.

(The next right photograph is an extension of the front part of the newspaper distribution unit among the left photographs. The web page address of the NAV map in which a photograph of No. 7 (No. 10) prior design is printed is as follows:

Htt:/mt./m.naver.com/v. 47000.36,00000.36325,570,0000.3625,247,836,000,000.36,000,000,000,000 666363,2647,263,57,000,000.363,57,000,000,000 463,247,57,2463,53,000,000,000, 6463,57,53,000,000, 643,53,5,000, or 47,36,5,03,00,00, or 47,5,24,03,04,05, or (346,03,0,0,04444.3,

C. On the grounds delineated in the instant trial decision, the Plaintiff, as the Intellectual Property Trial and Appeal Board No. 2015Da4232, submitted only 3 prior designs among the prior designs presented as evidence in the instant trial decision, including prior designs 3, to the Defendant.

The design is similar or has ordinary knowledge in the field to which the design belongs.

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