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(영문) 특허법원 2015.09.17 2015허3788
권리범위확인(디)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant’s registered design 1) filing date/registration date/registration number: On July 13, 2012, 13/6. 25/6. 25/2013 of the name of the product: A description and drawings of the design: Attached Form 1 (b) the name of the product: (c) the name of the product subject to confirmation: as shown in Attached Form 2: (i) the drawings of the product subject to confirmation: (i) the instant trial decision; (iii) the Defendant filed against the Plaintiff on January 16, 2015; (iv) the Defendant asserted that the design subject to confirmation falls under the scope of the right to the registered design of this case, by asserting that the product subject to confirmation is identical with or similar to the registered design of this case and falls under the overall form and shape, and thus, falls under the scope of the right to the registered design of this case.

2) On May 15, 2015, the Korean Intellectual Property Trial and Appeal Board rendered the instant trial ruling citing the Defendant’s request for a trial on the following grounds: (a) the design subject to confirmation is identical to the registered design of this case; and (b) the product is similar to the registered design of this case; and (c) the overall aesthetic sense in the form thereof belongs to the scope of the right to the registered design of this case; and (b)

2. The plaintiff asserted that the decision of this case, which judged otherwise, is unlawful, although the challenged design does not fall under the scope of the right to registered design of this case since the overall shape and shape of the registered design of this case were not identical or similar to the registered design of this case.

3. Whether the challenged design falls under the scope of the right to the registered design of this case.

A. The registered design of this case and the design subject to confirmation are the same goods as “truck things box.”

B. Whether the standard of design judgment is similar in comparison with the form and shape is not to separately prepare each element comprising the design separately, but to whether to make the person to view as a whole feel a different aesthetic sense, by comparing the appearance as a whole.

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