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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. (1) The Plaintiff’s decision regarding the instant application for international registration under Article 1(6) of the Hague Agreement on the International Registration of Industrial Designs (see Article 173(6) of the Design Protection Act (hereinafter “instant application for international registration”).
(2) On September 21, 2017, the Korean Intellectual Property Office examiner designated the Republic of Korea as a designated state of origin while filing an international application. On September 21, 2017, the Korean Intellectual Property Office rendered a provisional rejection notice on the ground that “The prior design of this case is similar to the prior design described in Article 33(1)3 of the Design Protection Act (hereinafter “the prior design of this case”) and thus, the Plaintiff cannot obtain registration pursuant to Article 62(1) of the Design Protection Act because it falls under Article 33(1)3 of the prior design of this case.” On December 21, 2017, the Plaintiff submitted a written argument that “The instant prior design of international registration is not similar to the prior design of this case, and thus, the said ground for rejection is unreasonable.” However, on February 28, 2018, the Korean Intellectual Property Office examiner rejected the registration of the international design of this case for the same reason as the provisional rejection notice.”
3) On May 31, 2018, the Plaintiff filed an appeal against the instant decision of refusal with the Intellectual Property Trial and Appeal Board (2018 Won2309) on May 31, 2018, but the Intellectual Property Trial and Appeal Board dismissed the Plaintiff’s appeal on January 23, 2019 to the effect that “the instant design for international registration is similar to the instant prior design, and thus constitutes Article 33(1)3 of the Design Protection Act,” the said decision of rejection of the appeal (hereinafter “instant decision”).
B. B. A summary of the instant international design application number 1) international registration number / filing date / priority filing date: the name of the product C/B/2 of February 19, 2016: The drawing(s)(3) of the inhalers (halers): as shown in attached Form 1.
C. The number of the 1 EU IPO of the prior design of this case is the filing date.