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(영문) 특허법원 2019.03.08 2018허5037
등록무효(디)
Text

1. The decision made by the Intellectual Property Tribunal on May 15, 2018 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 (a) 1)/ the filing date/registration number of the Defendant’s registered design of this case: C/D/E2: The main contents of the design of this case and a description of drawings and specifications;

1. The substance of the registered design of this case is a mixture of powder, sugar, steam, milk, and Hens' eggs; 2. The person in charge of the registered design of this case forms, in a rectangular angle, the shape of ice in the body part of the parallel part of the parallel part of the parallel part of the parallel part of the parallel part of the parallel part of the parallel part of the parallel part of the parallel part of the parallel part of the parallel part of the parallel part of the parallel part of the parallel part of the parallel part of the parallel part of the parallel. The shape of ice formed in the parallel part of the parallel part of the parallel part of the parallel part of the parallel of the parallel part of the parallel part of the parallel part of the parallel part of the parallel part of the parallel part of the parallel are arranged in a more sloped way from the center to the upper part of the part of the center,

(zb) The elevation map of the elevation surface map of the sloping road of the City/Do;

B. Prior designs are referred to as “design” for convenience in comparison with the registered design of this case, which is actually recorded in a booker.

1) Prior design 1 (No. 4) prior design 1 is a photograph of a product published on the 7th page and 10th page of the Plaintiff’s “F”, published in 2006, respectively. 2) prior design 2 (No. 5) prior design 2 is a photograph of a product published on the 24th page and 34th page of the Plaintiff’s “F”, published in 204.

Private road floor plan;

C. On March 24, 2017, the Plaintiff: (a) filed against the Defendant, the owner of the registered design of the instant case, the Intellectual Property Tribunal; and (b) as the registered design of the instant case is identical or similar to the prior design 1 and 2, the Plaintiff falls under Article 5(1) of the former Design Protection Act (wholly amended by Act No. 11848, May 28, 2013; hereinafter “former Design Protection Act”); (c) or (d) a person with ordinary knowledge in the field to which the design pertains.

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