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All appeals by the Defendants are dismissed.
Reasons
1. Grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles as to each of the instant registered designs (I) of the instant designs (AP application, G registration, or K) (hereinafter “instant registered designs”): A Q Q application and J registration) were jointly created with the complainant’s employees and T, and there was no transfer of the right to obtain registration with the complainant’s company.
Nevertheless, the complainant company has obtained the registration of the design right of this case by solely filing an application without the consent of the defendant A, which is entitled to obtain the design registration as provided for in Articles 121(1), 96, and 39(1) of the Design Protection Act (the person entitled to obtain the design registration) or his successor.
(2) If at least two persons jointly create a design, they shall jointly have the right to obtain design registration.
Where the right to obtain design registration under Article 3 (2) is jointly owned, all joint owners shall jointly file an application for design registration.
(3) Where the right to obtain design registration is jointly owned, no joint owner may transfer his/her share without the consent of all the other joint owners.
(3) Where a design right is jointly owned, each co-owner may work the registered design or any similar design alone without consent of the other co-owners, unless otherwise expressly agreed upon by contract.
(1) An interested party or examiner may file a petition to invalidate a design registration, if the design registration falls under any of the following cases:
2. Where the registration contravenes Articles 27, 33, 34, 35 (2) and (3), 39, and 46 (1) and (2);