1. The decision made by the Intellectual Property Tribunal on January 30, 2019 by the Intellectual Property Tribunal on a case No. 2017Da2845 is revoked.

2. The costs of lawsuit shall be.

1. Basic facts

(a) 1) Filing date/registration date/registration number: Goods subject to design E/F/G 2: A description of the design, main points, drawings: Attached Form 1; 4) design right-holder: the Defendants;

B. A design specified by the Plaintiff (Appellant) of the design subject to confirmation is subject to “I” and its drawings are as shown in Appendix 2.

C. At the trial stage of prior designs, 1-25 of the prior designs were submitted, and 26-30 of the prior designs were additionally submitted at the trial stage.

1) The design published on May 16, 2003 in the Utility Model Gazette (registration No. 313279, registration number No. 313279, the name of the device: the name of the device) publicly announced on May 16, 200, is as shown in Appendix 3.2) Other prior designs presented by the Plaintiff are as follows: prior designs 1 (Evidence 13), prior designs 2 (Evidence 4), prior designs 3 (Evidence 5), prior designs 26 (Evidence 14-5), prior designs 27 (Evidence 22), prior designs 28 (Evidence 24), and prior designs 30 (Evidence 29).

(1) On September 5, 2017, the Plaintiff filed a petition against the Defendants for a trial to confirm the scope of the registered design right (No. 2017Da2845). In the trial proceeding, the Plaintiff asserted that ① the design to be verified falls under a free-working design in relation to prior designs 1 to 3, etc., or ② the design to be verified and the registered design are not similar because of the aesthetic difference. (2) However, on January 30, 2019, the Intellectual Property Trial and Appeal Board rejected the Plaintiff’s request for a trial to confirm the scope of the registered design right.

(hereinafter “instant trial decision”). 【No dispute over the grounds for recognition” does not exist, Gap’s entries in Gap’s 1-5, 13, 22, 24, 28, 29, and 14-5, and the purport of the entire pleadings

2. Determination as to the illegality of the trial decision of this case

A. The plaintiff's assertion.