1. The plaintiff's claim is dismissed.

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

1. Basic facts

(a) The Plaintiff’s registered design 1) filing date/registration date/registration number: A product subject to design C/D/E 2: A description of the three design of gas soil, and the main points and drawings of creation: as shown in attached Form 1;

(b)the provisions pertaining to prior designs 2, 3, and 4 that are not subject to specific preparation for prior designs 1 are omitted, respectively.

1) Date of application/registration date/registration number/public announcement: Goods subject to design on December 30, 2013/Sgd. 1/ 706835 of similar No. 1/706835 of December 30, 2013: A description of the three design of gas soil, the main points of creation, and drawings: Attached Table 2.

C. On January 14, 2019, the Defendant filed a petition with the Plaintiff for a trial to invalidate the registration of a registered design (No. 2019Da161), and the registered design is similar to the prior design 1 and has ordinary knowledge in the field to which the design pertains (hereinafter “ordinary designer”).

(2) On September 30, 2019, the Korean Intellectual Property Tribunal claimed that the design registration should be invalidated since the design can be easily created by combinations 1, 2, and 3 of prior designs. On the ground that the registered design falls under Article 33(1)3 of the Design Protection Act, similar to prior designs 1, and the registration should be invalidated (hereinafter “instant trial decision”).

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1-3, 14, and 15, the purport of the whole pleadings

2. Determination as to the illegality of the trial decision of this case

A. The summary of the plaintiff's assertion 1) The defendant's ground for revoking the plaintiff's argument is inappropriate, since it is difficult to see that the defendant has a direct and realistic interest in the extinguishment of the registered design, the defendant's petition for invalidation of registration in this case is not made by a legitimate interested party

B. The common points of the registered design and the prior design 1 are the basic or functional aspects of the design.