1. The decision made by the Intellectual Property Tribunal on June 15, 2015 regarding a case No. 2014 won or 4025 shall be revoked.

2. The costs of lawsuit shall be.

1. Basic facts

A. 1) The filing date and the application number of the instant design: The product subject to the design on August 13, 2013 / No. 30-2013-0041761(2) : Earma-type 3): Plaintiff 4) The combination of the nature of the creation of the design with the shape of the earma-type and the shape is the essential point of the design creation.

B. 5) Under the drawing of the design, the part of the line indicated in the drawing of the ear in the ear shall be read as “through donation” and “injection of a ear in the ear.” (amended by April 24, 2014) [1.1] the overall form [the drawing 1.2] / [the drawing 1.3] the shape on the surface [the drawing 1.4] the shape on the surface [the drawing 1.3] the shape on the surface [the drawing 1.5 / [the map 1.3 / 4] the shape on the surface [the eardo 1.1.3 1.

B. On May 27, 2014, the examiner of the Korean Intellectual Property Office rendered a decision to reject the application of this case on the ground of the ground of the grounds for rejection that “The design of this case is merely a combination of the original shape widely known in the Republic of Korea and thus it is difficult to deem that the design of this case was a combination of the original shape widely known in the Republic of Korea. This degree of change is merely a functional and commercial change that can be easily created by a person with ordinary knowledge in the field to which the design pertains, or by a combination of the shapes and shapes widely known in the Republic of Korea, and thus its creativity is difficult to be recognized.”

After examining the above case as 2014 won4025, the Korean Intellectual Property Tribunal rendered the instant trial ruling dismissing the plaintiff's above appeal on June 15, 2015 on the following grounds.

The pending design of this case is a combination of the original shape (in the original shape) and both the original shape and the reflect shape constitute a widely known shape. Accordingly, if the pending design of this case is a person with ordinary knowledge in the field to which the design pertains, the person would be easy.