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(영문) 특허법원 2019.08.14 2018허9374
권리범위확인(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 (A/2 No. 1/1)/registration date/registration number: C/D/E2: The product subject to the design: the flag, three main contents, and a description of drawings;

1. The material is that it is installed on the roof of a building; 2. The combination of the essential points of the creation of the design with the shape "" and the shape shall be the main points of the creation of the design;

[A-A's cross-section] [Sa-A's cross-section] [A-A's cross-section] / [Sa's cross-section] / [Sa's cross-section] the left-hand surface and the name [a's ground plan]

B. The design subject to confirmation (attached Form 2) (attached Form 3) is a design relating to “a flag” specified by the Plaintiff, which is the product of the Defendant, and its explanation and main drawings are as follows:

Explanation of Design

1. The material is to be installed on the roof of a building on the date of metal. 2.2. [Lathical photo] [Sathical plane] [Sathical plane] [Sathical plane] [Sathical plane] [Sastical plane] / [Sathical plane] / [athical plane] / [ast

C. The Defendant asserted that the design subject to confirmation was a free-working design under 1-4 of the prior design in the instant lawsuit, but, on June 14, 2019, concluded that the prior design was a free-working design under 1 of the prior design, since the claim related to the design subject to confirmation at the first date for pleading on June 14, 2019 was organized as a free-working design under 1 of the prior design. As such, all descriptions of the remaining prior designs are omitted.

On April 12, 2011, as relating to “H” inserted on the Bableg of F of the Internet portal site on April 12, 201, the pictures are as follows:

1) On April 6, 2018, the Plaintiff, the owner of the registered design of the instant case, introduced the registered design of the instant case into the design without impairing the essential features of the registered design, and thus, the Plaintiff, the owner of the registered design of the instant case, inevitably has the relation of using the registered design of the instant case, without impairing the essential features of the registered design of the instant case.

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