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1. The decision made by the Intellectual Property Tribunal on February 17, 2015 on the case No. 2016 is revoked.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
A. 1) Date of application/registration number of the registered design of this case: The product subject to design on April 22, 2009/No. 57538 (2) on October 8, 2010: A description and drawings of air conditioners for vehicles: (b) the product subject to design of this case is as specified in attached Form 1; (c) the drawing (attached Form 2); (c) the comparative design 142891 (No. 4, disclosure date: Oct. 25, 1998); (d) the Korean Patent Gazette No. 53792 (No. 8, Jun. 6, 200; 207) of the Patent Gazette; and (e) the Korean Patent Gazette No. 14287, Jul. 37, 207; and (e) the Patent Gazette No. 14287, Jul. 27, 207>
2) The comparative design 2 Patent Court Decision 2013Hu6127 Decided December 19, 2013 (No. 9) is a design concerning a vehicle compresseder, which is urbanized in No. 30 of the Decision 2013Heo6127 (No. 9), and the drawings (attached Form 3) are as follows. D. On September 4, 2014, the Plaintiff asserted that the design subject to confirmation by the Intellectual Property Tribunal does not fall under the scope of the registered design right, and claimed a passive trial to confirm the scope of the right (No. 2216).
On February 17, 2015, the Korean Intellectual Property Tribunal rendered a decision dismissing the Plaintiff’s request for a trial on the ground that “the design is similar to the registered design of this case, the Patent Court 2013Heo5896, where the issue of invalidation of the registration of the registered design of this case was raised.” Thus, it is inappropriate to consider the design as the ground for publicly notified design, and the comparative design 2 is not recognized prior to the application of the registered design of this case. The challenged design is similar to the registered design of this case, and its overall aesthetic sense is similar to the registered design of this case, and thus, it falls under the scope of the registered design of this case.”