1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. (1) Registration number/filing date/registration date of the registered design of this case: The name of the product on Nov. 26, 2002/ April 7, 2004: a description of the design and drawings of the design (3) design of the group for the establishment and implementation of the design for prefabricated stairs: as shown in the attached Form.

(4) The final obligee of registration: the defendant

B. (1) On November 6, 2014, the Plaintiff asserted that the registration of the instant registered design was invalidated as a design that could be easily created by the Plaintiff and a person with ordinary knowledge in the business sector to which the Defendant belongs, and that the registration of the instant registered design ought to be invalidated in the Intellectual Property Tribunal, as a typical form, which appears in the North Korea, etc. or the pattern widely known at home and abroad.

(2) On November 23, 2015, the Intellectual Property Tribunal dismissed the Plaintiff’s request for a trial on the ground that the registered design of the instant case was not easily created from the widely known shape, pattern, etc.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. Determination as to the propriety of the instant trial decision

A. The gist of the Plaintiff’s assertion is the mere transformation of the shape of widely known widely known widely in the Republic of Korea, the pattern of finite pattern, the pattern of finite pattern, etc., which fall under any subparagraph of Article 5(1) of the former Design Protection Act (amended by Act No. 7289, Dec. 31, 2004; hereinafter “former Design Protection Act”) due to lack of newness, or the design that falls under any subparagraph of Article 5(1) of the former Design Protection Act (amended by Act No. 7289, Dec. 31, 2004; hereinafter “former Design Protection Act”), and thus, the instant trial decision, which

B. Whether the registered design of this case falls under any subparagraph of Article 5(1) of the former Design Protection Act, each subparagraph of Article 5(1) of the former Design Protection Act concerning the newness of a design, shall be deemed either domestically or overseas before filing an application for design registration.