If a registered utility model is for public use, a copy of the recognition of the scope of rights without a trial decision on invalidation.

In the case of a request to confirm the scope of a utility model right, the scope of the right is limited to the organic combination of new technical effects at the time of the application, and if part of the organic combination or its whole is an official announcement, the right shall not be extended without confirmation of the nullity decision.

Article 5 of the Utility Model Act

Supreme Court Decision 81Hu56 Decided July 26, 1983

Hanyang Electric Industry Co., Ltd., Ltd., Counsel for the defendant-appellant

Attorney Seo Han-il, Inc., Counsel for the defendant-appellant

Korean Intellectual Property Office Decision No. 178 delivered on August 29, 1981

The original adjudication shall be reversed, and the case shall be remanded to the Korean Intellectual Property Trial Office.

The grounds of appeal by claimant's representative are examined.

According to the reasoning of the original decision, the court below held that the utility model at the original time which the respondent filed an application on April 13, 1971 and registered as the public notice on December 14, 1971 (registration number omitted) and the utility model at the original time is identical to the utility model (a) presented by the claimant and its overall structure, and that the utility model at the original time is identical to the utility model at the time of the original decision, and that the utility model at the time of the original decision is identical to the utility model at the time of the original decision, and that the utility model at the time of the original decision at the time of the original decision, which is the purpose of the device, was already known as identical to the electric type approval (a) at the Industrial Promotion Agency of July 24, 1970 (a) as the previous utility model at the time of the initial decision at the Industrial Promotion Agency of Korea, and as such, if the entire utility model at the time of registration falls under the public notice, it shall be recognized as a right until the final

However, in the case of a request for confirmation of the scope of a patent right to an invention, the party member's opinion that the scope of the patent right is limited to the organic combination of new technical effects at the time of the application, and that if part of the registered utility model right is not in an organic combination, or all of the registered utility model right is an official announcement, the right does not extend without any confirmation of the invalidation decision (see Supreme Court Decision 81Hu56 delivered on July 26, 1983). In this case, the above registered utility model should be referred to the same as in the case of the request for confirmation of the scope of the right to the utility model right. Since the whole registered utility model was legally determined as an official announcement at the time of the application, the court below should not recognize it as a right without any confirmation of the invalidation decision of the registration, the court below should determine that the registered utility model belongs to the scope of the registered utility model (see Supreme Court Decision 200Hu19 delivered on July 21, 1970).

Therefore, the judgment of the court below is reversed, and the case is remanded to the Korean Intellectual Property Tribunal. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Young-ju (Presiding Justice)