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(영문) 특허법원 2020.05.14 2020허1472
등록무효(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 Plaintiff’s registered design (No. 1-3) 1)/ the filing date/registration date: The name of the article C/D/E 2: a prop-supported drawings: 4) a description of the design and a major drawing: Attached 1;

(b) 1) Prior Designs 1 (A) through 4): The date of publication on F company’s website (G) (G) : The name of goods around April 19, 2012: Screw(products No. H) : e) Other drawings: Attached 2-1.

2) Source 2(B)(A) of a prior design: The date of publication of the Pib(I)(B): The name of the product around May 20, 2014: G crew drawings: E) and other drawings: Attached 2-2.

C. On September 10, 2019, the Defendant filed a petition for a trial to invalidate the registration of the instant design with the Intellectual Property Tribunal No. 2019Da2915 against the Plaintiff on September 10, 2019, and “The registered design of this case falls under Article 33(1) of the Design Protection Act because: (a) the registered design of this case is identical or similar to the comparable design (the same shall apply to the instant prior design); and (b) a person with ordinary knowledge in the same design field (hereinafter “ordinary designer”) can easily create the registered design through comparative design; and (c) the registered design falls under Article 33(2) of the Design Protection Act.” On December 24, 2019, the Intellectual Property Tribunal filed a petition for a trial to invalidate the registration with the purport to the effect that “the registered design of this case constitutes grounds for invalidation under Article 33(1) of the Design Protection Act because it constitutes a design similar to the comparable design 1.”

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 2 (including each number), Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The main point of the Plaintiff’s assertion is ① the body and body of the body of the previous design in question and the two main points of the previous design in question, ② the body and the two-way type of the body and the two-way type of the previous design, ② the tamper and the two-way type of the two-way unit, and the two-way unit of the two-way unit.

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