1. The decision made by the Intellectual Property Tribunal on January 11, 2016 on the case No. 2015Da507 shall be revoked.

2. The costs of lawsuit shall be.

1. Case summary

A. On February 16, 2015, the Defendant may file a petition for trial to invalidate the registration number C design (the Plaintiff: hereinafter “instant registered design”) with the Intellectual Property Tribunal against the Plaintiff on the ground that: (a) Articles 68(1)2 and 3(1)68 of the former Design Protection Act (Amended by Act No. 13840, Jan. 27, 2016; hereinafter “former Design Protection Act”); (b) Articles 68(1)2 and 3(1)68 of the former Design Protection Act (Amended by Act No. 13840, Jan. 27, 2016; hereinafter

2. Where the person has no right to obtain design registration under the main sentence of Article 3 (1) or is unable to obtain design registration under the proviso to the same Article, the person who has created the design or his/her successor shall be entitled to obtain design registration under the provisions of this Act;

There is a ground for nullification of the registration corresponding to the above, and a petition for a registration invalidation trial (No. 2015Da507, hereinafter referred to as the "instant adjudication") was filed.

B. On January 11, 2016, the Intellectual Property Tribunal rendered a trial ruling that the registration of the instant registered design should be invalidated (hereinafter “instant trial ruling”) by accepting the Defendant’s claim on the following grounds.

1) The person who created the registered design of this case is Defendant D and the applicant is the Plaintiff. 2) It is difficult to recognize that the Plaintiff received the right or design right to obtain design registration for the registered design of this case from the Defendant solely based on the evidence submitted by the Plaintiff.

3) Therefore, the registered design of this case is filed by a person who does not have the right to obtain design registration, and there exist grounds for invalidation of registration under Articles 68(1)2 and 3(1) of the former Design Protection Act. The grounds for invalidation of registration under Articles 68(1)2 and 3(1) of the former Design Protection Act exist.

2. The Parties.