The case where (a) the Speaker deems that the registered design related to the shape and shape of the model on the model and shape of the model is similar to that of (a) the Speaker belongs to the scope of the right of the registered design.

The case holding that although the registered design on the shape and shape of the model on the model and the (a) design on the model of the model on the model of the model on the model of the model on the model of the model of the model on the model of the model and the design of the (a) mark are arranged and formed in a line with the kitchen which is the two shapes of shapes, and there are differences in the location of the kitchen, the number of protruding parts on the debt list, the number of protruding parts on the model, and the shape, etc. are different in the dominant characteristics, the Speaker of the (a) mark is considered to be within the scope of the right of the registered design.

Article 5 of the Design Act

Original List Co., Ltd., Counsel for the defendant-appellant

Seoul High Court Decision 200Hun-Ga40 decided May 1, 200

Korean Intellectual Property Office Decision 150 decided February 27, 1991

The appeal is dismissed.

The costs of appeal shall be borne by the respondent.

We examine the grounds of appeal.

According to the reasoning of the original decision, the court below held that (a) of this case and the chairperson of this case cannot be deemed to have known as a design height as to the shape and shape of the model, and (b) of this case and the chairperson of this case shall not be deemed to have known as a design height as to the shape and shape of the model of the model, and the two heads of the two chapters are identical in the dominant characteristics by setting up and forming one kitchen with the kitchen which is the body of two shapes in the shape of each four shapes, and forming a protruding part in the comparison with the kitchen, but the design of this case is assigned the kitchen to the right side of the washing, while it is against the kitchen, and there is a difference in the number, efficacy, arrangement, shape, etc. of protruding portion in the washing, but this is merely a little difference that cannot escape the dominant characteristics of both chairpersons, and thus (a) the Speaker of this case is similar. In light of the records, the court below's decision is justified and there is no error in the misapprehension of legal principles or incomplete deliberation or allegation as otherwise alleged.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-sung (Presiding Justice)