Criteria for determining similarity of designs

Since the Speaker calls the heart of a person seeing it, the similarity of the Speaker shall be determined according to the similarity between depths and impressions to be ventilated in the people's mind to be seen as a whole.

Article 5 of the Design Act

Supreme Court Decision 84Hu59 Decided December 11, 1984, 84Hu63 Decided May 28, 1985, Supreme Court Decision 85Hu63 Decided September 24, 1985

claimant

Patent Attorney Kim Tae-hwan and Kim Sung-sung, Counsel for the defendant-appellant

Korean Intellectual Property Office Decision 307 delivered on December 18, 1985

The decision of the court below is reversed, and the case is remanded to the Korean Intellectual Property Office.

We examine the grounds of appeal.

According to the reasoning of the decision of the court below, the court below accepted the claim of this case on the ground that, at the end of the preparation of the quoted design and the registered design of this case, the cited design is the direction of length by the gas discharger at a bend-type burner, but the registered design is merely a mere alteration of the same hond-type combustion from the gas introduction officer only to change the hond-type combustion to another direction, so it cannot be deemed that the person seed can feel another sacrife, and that the pos and pos are not the posption, but they cannot be seen as incidental attachment

However, since the Speaker attracts the depth of a person who sees it, it is necessary to determine the similarity of the Speaker according to the similarity between depth and impression to be ventilated by the person who can be seen as a whole, and in comparison with the registered design of this case and the cited design of this case by evidence Nos. 1 through 3, the former is the substance of the device first, and the latter is the object of the combustion. The latter is the object of the device, and the combination of the shape and shape is the hondr's length. The latter is the front direction, the gas generator is installed in the upper part, and the gas generator is installed in the upper part, and the gas generator is attached to the upper part of the mondr's upper part, and the upper part of the mondr's body is attached to the 5th part of this case. The latter is the length of the hondr's length to the 1st part of this case and the 8th part of this case's registered design is added to the 1st part of this case's upper part.

Nevertheless, it cannot be said that the judgment of the court below recognized as similar to the registered design of this case and the cited design of this case did not affect the conclusion of the judgment by misunderstanding the legal principles on the similarity of designs. The assertion is with merit.

Therefore, the decision of the court below is reversed, and the case is remanded to the Korean Intellectual Property Trial Office. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Byung-su (Presiding Justice)