The case holding that a design cannot be registered as a design with a similar design to a publicly known public design and a major feature;

The case holding that a person with ordinary knowledge in the field to which the design belongs can create easily on the basis of a quotation, on the ground that the design of this case concerning the isolation for provisional use is similar to a dominant feature as a whole of the quotation for public use, and that all of the shapes and shapes belong to the public use, and it does not seem to cause a new aesthetic sense or to have value as a technical creation, and that it can be created easily by a person with ordinary knowledge in the field to which the design belongs.

Article 5 (2) of the Design Act

Korean Consumer Export Association (Patent Attorney Lee Jae-soo, Counsel for defendant-appellant)

Patent Attorney Kim Jong-soo, Counsel for the defendant-appellant

Korean Intellectual Property Tribunal Decision 282 delivered on March 25, 1988

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

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below held that in preparation for this case and the pacifies of this case and the pacifies of this case, all of which consist of a combination of the completion frame and the broom shape and shape attached thereto, the chairman of this case in the middle presses, the left side of which is wide and narrow brooms, and the brooms of Gap evidence Nos. 3 and 4 are hens' eggs, while in the middle presses, the brooms of this case are s' eggs, the above brooms are s' eggs, and in the brooms' brooms, the above brooms are s' eggs and brooms are formed in the line, and the brooms of Gap evidence No. 13 are the brooms as the chairman of this case, but the shape of brooms' brooms is different from the brooms' 3 and 4 brooms' brooms, the chairman of this case is not a new one's's's s fem.

However, according to the records, although the chairman of this case and the quoted design show a detailed difference in the shape and shape of the medium-public framework and brooms, they are identical in that both of them are combined in terms of the combination of the shape and shape that brooms are attached to the medium-public framework, and the two are also identical in that several brooms are attached to the upper part of the upper part of the lower part of the upper part of the upper part of the upper part of the upper part, a dominant feature as a whole is deemed to be similar. Furthermore, in the design of this case, it does not appear that the combination of them belongs to the open area, and it does not appear that the shape of the middle public framework or the shape of the broom, which is the shape of the broom or brooms, belongs to the open area, causing a new heart sense or has the value of technical creation.

If so, the chairman of this case held that a person with ordinary knowledge in the field to which the chairman belongs could easily create a pattern, pattern, or combination thereof widely known in the Republic of Korea on the basis of the quotation, but the decision of the court below to the contrary purport that it cannot be easily created by the quotation or the shape of the public domain, or the shape of the public domain, shall not be easily created by the pattern. The chairman of this case's decision to the contrary purport is erroneous in the misapprehension of legal principles of Article 5 (2) of the Design Act. Thus, the argument on this point is justified

Therefore, without further proceeding to decide on the remaining grounds of appeal, and the case is remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Song Man-man (Presiding Justice)