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1. The decision made by the Intellectual Property Tribunal on July 11, 2017 by the Intellectual Property Tribunal on the case shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. The Defendant’s registered design (Nos. 2 and 3 (1) / the filing date of an application: The name of a product on August 19, 2014//her name on March 16, 2015: The name of a product: (3) drawings (attached Form 1) for work use.
B. (1) Prior Designs (1) 1 (No. 4) (a): Internet shopping mall (htp://it contribution3.C.co. k/DetailV.laspp item item: No. A =615627692 & 603=V2) (No. 11. 2013.) item (b): The name of the article: photograph of the place of work (c) [Attachment 2].
(2) The number of prior designs 2 (A)(5)(a)/ the filing date/public notice date: The name of the product on August 29, 2013, No. 1383763////her on August 9, 2014: The drawings of work auxiliary equipment (a) to protect knenenenee and reduce knenenee frighten frighten: [Attachment 2](b).
(3) Prior Design 3 (Evidence 6) (A): Internet shopping mall (htp:/www.11stst.co.co., w.cc. /Scelebbbbbbbbbbbbbbbc15a : Internet shopping mall (http) /www.tmall method = getable 24747027 & N00bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb09.83.209.
C. (1) On December 29, 2015, the Plaintiff filed a petition for a trial for invalidation of registration (2015Da5745) with the Intellectual Property Tribunal against the Defendant, stating that “The registered design of the instant case is easily created by the combinations of 1 and 2 of the prior designs or by the combinations of 1 and 3 of the prior designs, and constitutes Article 33(2) of the Design Protection Act.”
(2) On July 11, 2017, the Korean Intellectual Property Tribunal dismissed the Plaintiff’s above request for a trial on the ground that “the registered design of this case is not a design easily created by prior designs 1 through 3, because it is not a design that can be easily created by prior designs due to the difference between the characteristics of the registered design and the prior designs.”