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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
(a) The Plaintiff’s registered design 1) registration number / filing date / registration date: Goods subject to design C/D/E 2: A description of agricultural pipe 3 design, main points of creation, and drawings: as shown in attached Table 1;
(b) Prior designs;
1. A) Registration number / Date of application / Date of registration / Date of public announcement: A product subject to design of No. 64360/ Aug. 10, 2010/ May 7, 2012/Sgd. 17/ 2012): A description of the luminous pipe multi-design, the main points of creation, and drawings: Attached Form 2;
2. Registration number 2 A)/ filing date/registration date/public announcement date: The name of a good similar to subparagraph 2 of Article 459346 of similar Act No. 459346// February 8, 2008/ February 25, 2008: a description of a design for agricultural pipe clampingc), the main points of creation, and drawings: Attached Table 3; 3A; the registration number / filing date / the registration date / the public announcement date: the name of a good on July 6, 1998 / May 24, 1999 / the name of a good: the description of a pipe conclusion tool c), the main points of creation, and drawings: as shown in Attached Table 4.
(1) On December 15, 2017, the Defendant filed a petition for a trial seeking invalidation of the registration against the Plaintiff on December 15, 2017, asserting that the registered design of this case is similar to that of the prior design, and that the registered design of this case falls under Article 33(1)3 of the Design Protection Act, since a person with ordinary knowledge in the field to which the design pertains (hereinafter “ordinary designer”) can easily create the prior design from 1, and thus, the registration should be invalidated by falling under Article 33(2) of the Design Protection Act. (2) On November 30, 2018, the Korean Intellectual Property Tribunal filed a petition for a trial seeking invalidation of the registration on the grounds that the registered design of this case is similar to that of the prior design, and that the registered design of this case constitutes a design that can easily be created by a person with ordinary skill from 1.