1. The decision made by the Intellectual Property Tribunal on December 30, 2014 on the case No. 1151 is revoked.

2. The costs of lawsuit shall be.

1. Basic facts

(a) 1) Date of application/registration date/registration number of the registered design of this case: The product subject to B/C/D2: The description of the design of water purifier 3) and the features, points, and drawings of the creation: The owner of the design right is as shown in attached Form 1;

B. 1) The comparative design 1 is a design with respect to a specific water purifierter that the Plaintiff had worked in a trial proceeding, and the drawings are as shown in attached Table 2. 2) The comparative design 2 is a design with respect to a specific water purifierter that the Plaintiff worked in the instant litigation proceeding, and the drawings are as listed in attached Table 3, and the comparative design 2 was manufactured and sold from February 2008, when the comparative design 2 is applied.

C. On May 16, 2014, the Plaintiff filed against the Defendant on May 16, 2014, the registered design of the instant case is similar to the comparative design 1 that was publicly implemented before the application was filed, and the Defendant is not a creator of a design or his successor who has the right to obtain design registration regarding the registered design of the instant case. Thus, the registered design of the instant case is not the former Design Protection Act (amended by Act No. 11848, May 28, 2013; hereinafter “former Design Protection Act”).

(2) On December 30, 2014, the Intellectual Property Tribunal filed a petition for registration invalidation trial (No. 2014Da1151) on the ground that the grounds for registration invalidation under Article 68(1)1 and 2, Article 5(1)3 and 5(1)1, and the main sentence of Article 3(1) have existed.

The Defendant rendered the instant trial decision dismissing the Plaintiff’s appeal on the grounds that it is difficult to recognize the Defendant as the creator of the instant registered design or his successor.

【Confessions based on Recognition】 (Article 8(2) of the Administrative Litigation Act, Article 150(3) and (1) of the Civil Procedure Act)

2. The plaintiff.