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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
(a) The product subject to design C’s registered design (A) 1)/ the filing date/registration number: D/ E/F2: The main content of G 3 and a description of drawings and specifications;
1. The registered design of this case is used to connect the lower part of the drainage pipe installed at the lower floor from the upper floor of the apartment, etc.; 3. The registered design of this case is used to set the clocks, sprinking the drainage pipe of the upper floor, into V, installed on the upper floor of the registered design of this case. 4. When installing the drainage pipe connected to the registered design of this case, it is used to cut off the upper part of the registered design of this case buried on the concrete construction surface to the external diameter of the drainage pipe so that the drainage pipe can pass through the drainage pipe. The combination of the shape “G” and the shape of the design with the essential part of the design creation is the essential part of the design.
b) [Lagin and City/Do] [Sagin and gin and gin and gin and gin and g in the direction] [Sagin and g in the direction]
B. On December 14, 2018, the Defendant’s trial decision of this case (1) against C, the owner of the registered design of this case, was filed with the Intellectual Property Tribunal on December 14, 2018. Since the registered design of this case was filed by C, or not succeeded to the right from the creator, the registration of this case ought to be invalidated.
The Korean Intellectual Property Tribunal asserted to the purport that the registered design of this case was invalidated, and filed a petition for a trial to invalidate the registration of the registered design of this case. 2) The Korean Intellectual Property Tribunal deliberated the Defendant’s above request for trial and participated in the respondent’s side. On May 24, 2019, the Korean Intellectual Property Tribunal was registered by C, an unentitled person, despite having been created and completed by H, and thus, the Korean Intellectual Property Tribunal violated the main sentence of Article 3(1) of the former Design Protection Act (wholly amended by Act No. 11848, May 28, 2013; hereinafter “former Design Protection Act”).