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1. The decision made by the Intellectual Property Tribunal on March 31, 2015 on the case No. 2014Da3062 shall be revoked.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
A. On November 28, 2014, the Defendant filed a petition with the Intellectual Property Tribunal for an affirmative trial to confirm the scope of rights (2014Da3062) by asserting that the challenged design similar to the registered design of the instant case falls under the scope of the right to the registered design of the instant case. 2) On March 31, 2015, the Intellectual Property Tribunal rendered the instant trial ruling accepting the Defendant’s request for a trial on the grounds that the challenged design of the instant case and the challenged design fall under the scope of the right to the registered design of the instant case because the overall shape and form are similar to those of the instant registered design.
B. The Defendant’s filing date and registration date/registration number 1) of the registered design of this case (Evidence 3) / 1: C/D/ 2: the description and drawings of the design: (c) the description and drawings of the design (Attached 1). D. Prior designs are as shown in attached Form 2. (d) The Plaintiff 2 of the prior designs include 2 of the prior designs, but the prior designs are divided into 3 of the prior designs. However, the prior designs 2 are divided into 6 through 8 of the prior designs submitted in the instant lawsuit except for the prior designs 1 through 5, and the prior designs 1, 3, and 5 are not admissible for the Plaintiff to submit the prior designs compared to the invention subject to confirmation in the instant lawsuit. Therefore, the description should be omitted.
(No. 10) The design that F applied for G and published as HI is the subject matter of design, and the design is the sluri, and the design is the same as “A”.
2) Prior design 6 (Nos. 4 through 6, 24) Internet portal sites “J” (K) is posted on May 18, 2013, and is searched by Google as it was posted on April 14, 2013. The Internet portal sites are posted on “L” (M on June 13, 2013).