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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
(a) Registration number 1)/ filing date/registration date of the instant registered design / The product subject to design registration No. 069376/ April 12, 2013 (No. 12/6 June 26, 2013): A description of the design and drawings: The design right-holder: the Plaintiff; the design right-holder; the Plaintiff
B. The description and drawings of the design are as shown in the attached Table 2, as the Plaintiff’s design subject to the confirmation of this case was conducted by the Defendant and pertaining to a specific “dives reinforced props reinforced board.”
C. 1) The comparative design 1, 2 comparative design 1, 2, 2, 2, published on January 28, 1997 in the Japanese Patent Gazette No. 9-25742 (No. 2) published on January 28, 1997, 3 of the comparative design 1, the comparative design 1, 2 comparative design 2, 2, 2, 2, 2, 2, 3, 2, 3, 3, the comparative design 10-132807 (Evidence No. 3) published on the Korean-registered Patent Gazette No. 10-132807 (Evidence No. 3) published on April 2, 2012, the drawings are as listed in attached Form 3-3.
3) On October 22, 2004, the comparative design 4 is the implementation of the “a list in which a refluence plate is formed” inserted in the Korean-registered Utility Model Gazette No. 20-0365454 (Evidence No. 4), published on October 22, 2004. The drawings are as shown in attached Form 3-4. 4) The comparative design 5 is the subject design 5 is the implementation of a list published on March 3, 201 by the Korean-registered Patent Gazette No. 10-1018637 (Evidence No. 5) published on March 3, 201, and the drawings are as listed in attached Form 3-5.
1) On September 16, 2014, the Plaintiff filed a petition with the Intellectual Property Tribunal for an affirmative trial to confirm the scope of right (No. 2014Da2306) by asserting that the design subject to confirmation was similar to the registered design of the instant case and falls under the scope of the right. 2) The Defendant’s design subject to confirmation of the instant case’s implementation.