The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. Article 5(2) of the former Design Protection Act (amended by Act No. 11848, May 28, 2013) provides that a person with ordinary knowledge in the field to which the design pertains (hereinafter “ordinary designer”) may not obtain design registration if the design falls under either a combination of designs falling under paragraph (1) 1 or 2 (hereinafter “public design”), or a shape, pattern, color, or combination thereof widely known in the Republic of Korea may not be easily created through design registration.

The purport of the above provision is that even if the shape, pattern, or color of an open design or a combination thereof (hereinafter “official form”) or the shape, pattern, or color, or combination thereof (hereinafter “main form”) widely known in the Republic of Korea were almost copied or diverted, or the combination thereof was partially modified, the entire design is merely merely a commercial and functional alteration that does not recognize any other aesthetic value, or a design that is merely a combination or used as a combination or expression method in the design field, such as a design that has low creative level, such as a design that has been converted or used as a stimulent creative method or expression method, can be easily created by a person with ordinary skill, and thus, design registration cannot be granted.

(See Supreme Court Decision 2008Hu2800 Decided May 13, 201, and Supreme Court Decision 98Hu591 Decided April 10, 2001, etc.). In addition, comparative design 2 of the instant registered design may constitute a design with low creative level even in cases where a combination of a publicly known form or well-known form or a combination thereof is modified or diverted as above. In determining the creative level, the said creative level may constitute a design with low creative level in light of the goods subject to or well-known form of the relevant publicly known design, the relation between the publicly known form or well-known feature, and the general tendency in the relevant design field.