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1. The decision made by the Intellectual Property Tribunal on October 11, 2016 by the Intellectual Property Tribunal on the case No. 1610 shall be revoked.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
A. 1) Date of application/registration date/registration number of the registered design of this case: A design right-holder: description of the design of this case and the main points and drawings of the creation of the design of this case: The design right-holder shall be as specified in attached Form 1, except for the following drawings:
B. 1) A prior design 1 (No. 1 (A)/Public notice publication: A description of the design that is the subject matter of the design on September 14, 2012 (No. 30-659830 (b) of the Registered Design Gazette: a description of the design, the subject matter of the creation, and the drawings: A drawing other than the following drawings (attached Form 2):
2) The prior design 2 (No. 2) was included in the notice “G” published as of January 8, 2015 on the NAV (F) No. 2 (No. 2) and published as of January 8, 2015: (3) the publication date/public notice of prior design 3 (No. 13) (No. 13): the product subject to design: the product subject to design design No. 30-80584 (b) of the Design Gazette: the description of the design, the features of the creation, and the drawings (attached Form 2): (c) the Defendant filed a petition with the Plaintiff for a trial on invalidation of the registration of the registered design of this case with the Intellectual Property Tribunal No. 2016Da1610, Oct. 11, 2016; (d) the Korean Intellectual Property Tribunal stated that the prior design of this case was identical to the prior design 1, and thus, the Defendant’s trial ruling should be deemed invalid by the first or second trial ruling.
2. Summary of the parties' arguments;
A. The ground for revoking the Plaintiff’s claim that the registered design of this case is identical to a plucker’s surface shape and a plucker’s plucker’s plucker’s plicker’s plicker’s plicker’s plicker’s plicker’s plicker’s plicker’s plicker’s plicker’s plicker’s plicker’s design.