The meaning of "republic notice in Korea" under Article 5 (1) 1 of the Design Act;

The term "in the Republic of Korea as a reason for non-registration under Article 5 (1) 1 of the Design Act" means the situation in which the contents of the design are publicly known to many and unspecified persons, not prior to the filing of the application.

Article 5 (1) 1 of the Design Act

Attorney Park Jong-chul, Attorney Park Jong-soo

Patent Attorney Park Jae-chul et al.

Korean Intellectual Property Trial Office No. 65 delivered on September 29, 1981

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.

1. According to the reasoning of the original trial decision, the court below held that the registered design of this case is "a combination of the shape, shape, and color of the front side, which would express the design, and is registered as the front side on September 11, 1979, and the purport of the registered design of this case is as follows: "The branch office of this case is removed from it as its main material, and is composed of the front side with the inter-sponsing the inside and outside of it, and the front side is in the upper fluoral form, and the inner fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor, etc.)"

2. However, " domestically known as a reason for non-registration under Article 5 (1) 1 (a) of the Design Act" means that the contents of the design are not confidential prior to the filing of the application, but are publicly known to many and unspecified persons, so even if the non-party has already designed PE-16 pre-type side before the filing of the application when he serves as a factory of the claimant company as the result of the determination of the original adjudication, such facts alone cannot be deemed as a publicly known design before the filing of the application, and even if the non-party is the same as those of the registered design of this case, it cannot be said that the registered design of this case was a publicly known design before the filing of the application, and even according to the claimant's assertion that the registered design of this case was not clearly indicated by the publication date of the publicly known design, the certificate of No. 7-2 cited by the court below (No. 136 of the record) cannot be used as a material to determine whether the registered design of this case was publicly known prior to the filing of the application.

3. The court below's decision that the registered design of this case was invalid on the ground that the registered design of this case was known prior to the filing of the application by recognizing the same facts as the statement of the original decision is erroneous in the misunderstanding of the legal principle of notification as stipulated under Article 5 (1) 1 (a) of the Design Act, and without any evidence. Thus, the appeal pointing this out is

Therefore, without any need to determine any other grounds of appeal, the original adjudication is reversed, and the case is remanded to the Korean Intellectual Property Office for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee B-soo (Presiding Justice)