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(영문) 특허법원 2019.05.17 2018허7323
등록무효(디)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) On December 19, 2017, the Defendant: (a) the registered design of the instant case as indicated in paragraph (b) below is the same as the prior design submitted in the instant lawsuit against comparative design. Similar or similar to the registered design of the instant case, a person with ordinary knowledge in the design field to which the registered design of the instant case pertains (hereinafter “ordinary designer”).

(2) On August 1, 2018, the Intellectual Property Tribunal filed a petition for a trial on invalidation of the registered design of this case with the Intellectual Property Trial and Appeal Board (2017Da3966) on the ground that the registered design of this case falls under Article 33(1)3 of the Design Protection Act, which could easily be created from the comparative design, and that the registered design of this case falls under Article 33(1) and (2) of the Design Protection Act, and thus the design registration of this case should be invalidated.

(b) The registration number/filing date/registration date of the registered design of this case: A product subject to design registration C/D/ E: a description of the dried-up design and a major drawing: as shown in attached Form 1.

(c) Source of Prior Design: The name of the Internet shopping mall (G) product operated by the F company: The principal drawing of H (Design Name I): as shown in attached Form 2;

【Non-contentious facts, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the trial decision of this case is unlawful

A. 1) The summary of the Plaintiff’s assertion 1) is that the content of the goods of the evidence No. 1 and the subsequent use of the goods can be changed at any time; that the goods of the goods after use are unclear as to the prior design; and that of the goods of the evidence No. 1, the posting date of the goods of the evidence No. 1.

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