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(영문) 특허법원 2016.12.16 2016허6906
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. 1) Registration number/registration date/registration date: C/D/E 2: drawings (attached Form 1) : B. 1) registration number/registration date/registration date of prior designs / J/I: drawings (attached Form 2: A. 2) registration number/registration date/registration date of prior designs : N/L/I : N(No. 5) drawings (attached Form 2: 3 (A) of prior designs / application date: (a) the number of prior designs / the number of design registration / the number of design / the date of application / the date of application: N (N) drawings: 3 (No. 6) of prior designs / the number of application date / the date of patent application / the date of publication: R: The date of patent application / the name of goods : the date of patent application / the date of patent application / the date of registration / the date of patent application : the name of the goods / the date of registration : the name of the prior designs / the Plaintiff and the Plaintiff were identical to the prior designs 216.

2) On August 22, 2016, the Korean Intellectual Property Tribunal rendered the instant trial ruling dismissing the Plaintiff’s claim for the invalidation trial on the ground that “The instant registered design differs from prior designs, and thus does not constitute the same or similar design, and does not constitute a design that can be easily created from prior designs.”

2. The gist of the Plaintiff’s assertion 1) The registered design of this case and the prior design 1 and 3 are common points in terms of the shape of a certain length, the interior of the original shape, and the exterior of the original shape. 2) On the other hand, the registered design of this case is protruding the upper part of the design, while the design of this case is protruding the upper part of the design, the design 1 and 3 do not have any table, and the registered design of this case is laid down from the upper part to the lower part.

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