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Defendants are not guilty.
Reasons
1. Summary of the facts charged
A. Defendant A is a representative who operates a astronomical lighting company under the trade name of “B” corporation in Seo-gu, Incheon.
From around November 2016 to May 201, 2017, the Defendant manufactured and sold approximately KRW 390,00 of the design similar to D’s design registration number E (F on the date of registration) to the Korean Intellectual Property Office, and infringed D’s design right by manufacturing and selling approximately 136,50 of the design similar to D’s design registration number E (F on the date of registration).
B. Defendant B, at the time and place specified in the facts charged, the Defendant committed an act of violating A, who is the representative of the Defendant, as described in the A of the facts charged.
2. Determination
(a) If a design compared to a registered design could easily be worked by a person with ordinary knowledge in the field to which the design pertains, prior to the filing of the application, through a publicly known design or a combination thereof, the design does not fall within the scope of the registered design’s right without comparison with the registered design;
It should be viewed (see Supreme Court Decision 2016Hu878, Aug. 29, 2016). In such a case, it cannot constitute a crime of infringement of design rights on the ground that a person manufactured and sold goods of the same or similar design as the registered design.
B. The record reveals the following facts.
1) On October 30, 2014, D filed an application for registration of design (registration number E) with a product subject to design as “a tent, etc.” and completed F Design Registration.
2) The registration of the foregoing design refers to the combination of the shape and shape of “acheon, etc.” as the main point of the creation of the design.
D The length of the registered design, such as the ceiling, etc. of D, is composed of two parts such as the combination of a small rectangular type on the large rectangular type, as a whole, in a single structure, which combines a small rectangular type on the large rectangular type.
In addition, for a long time, the luminous board is inserted into a luminous board, and on the side(s).