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1. The decision made by the Intellectual Property Tribunal on September 7, 2016 on the case No. 2016Da1683 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. 1) Date of application/registration date/registration number: The name of the product: March 17, 2009/No. 57155(2) on March 25, 2010: The name of the design right-holder: the description and drawings of the design (attached Form 1) on March 25, 2010: Plaintiff 4.
(b) The design subject to confirmation is a tent finishing string, and the description and shape of the design is as specified in attached Form 2.
C. 1) Prior Designs 1 (No. 2) are designs related to the ceiling board published in accordance with Article 30-0371386 of the Design Gazette published on January 19, 2005, and drawings of designs (attached Form 3); 2) Prior Designs 2 (No. 30-0508355 of the Design Gazette published on October 9, 2008, published on October 9, 2008, are designs related to the ceiling board for the interior decoration published in accordance with Article 30-08355 of the Design Gazette, and drawings of designs (attached Form 3) are as shown in paragraph 2.
3) Prior design 3 (No. 4) of prior design 3 (No. 4) is a design for a tent for a building built in accordance with Article 30-0508354 of the Registration Gazette publicly announced on October 9, 2008. The design drawings (attached Form 3); 4 (No. 5) prior design 5) published on June 2, 2005, 2005, prior design 4 (No. 10-205-05-051789 of the Patent Gazette published on June 2, 2005. The drawings (attached Form 3) are as follows.
5) A design related to a astronomical panel published in accordance with Article 30-0434327 of the Registration Gazette publicly announced on December 18, 2006. The design drawings (attached Form 3); 6 (No. 7) of the prior design 6 (No. 7) of the Patent Gazette published on July 6, 2006. The design drawings (attached Form 3) are designs related to the astronomical masty panel published in accordance with Article 10-2006-079623 of the Patent Gazette published on July 6, 2006.
7) Prior designs 7 (No. 8) published on August 13, 1988, the design is a astronomical plate published on August 13, 198, and the design drawings (attached Form 3) are as shown in Section 7 (d). The reasons for the trial decision are as follows. (1) The Defendant did not fall under the scope of the right because the challenged design is not similar to the registered design of this case against the Plaintiff.