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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On February 26, 2013, the Plaintiff: (a) was the owner of the registered design below (hereinafter “instant registered design”); and (b) transferred the instant registered design right to the KMTP to the Plaintiff.
1) Date of application/registration date//H 2: The name of the product that is the subject of design D/F/H 2: A description of the design and drawings of the box 3) for the biological transport: The owner of the design right: the Plaintiff.
B. From September 25, 2009 to November 30, 2011, the Defendant sold 137,360 boxes for production and transportation (hereinafter “Defendant’s products”) to K et al., and the design of the Defendant’s products is substantially the same as the registered design of this case.
C. On September 3, 2010, the Plaintiff filed a petition with the Intellectual Property Tribunal for a trial on confirmation of the scope of the right (affirmative) on the grounds that the Defendant’s working design similar to the registered design of this case falls under the scope of the right (affirmative). The Intellectual Property Tribunal rendered a trial decision that accepted the Plaintiff’s request on March 25, 201, and the said trial decision became final and conclusive on May 3, 2011. 2) On September 9, 2011, the Defendant filed a petition against the Plaintiff for a trial against the Intellectual Property Tribunal to the effect that the registered design of this case is invalid, but the Intellectual Property Tribunal dismissed the Defendant’s petition on September 13, 2013.
Accordingly, the defendant filed a lawsuit seeking revocation of the trial decision (2013Heo8345) and withdrawn it on December 19, 2013.
On February 6, 2015, the Defendant was indicted on the ground that he infringed the Plaintiff’s design right by producing and selling the boxes of the same design as the registered design of the instant case, and sentenced on February 6, 2015 to one year from the Changwon District Court for violating the Design Protection Act due to the following criminal facts (the Changwon District Court 2014Dadan951), and the appeal is still pending in the appellate trial.
(Seoul District Court 2015No509).