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(영문) 특허법원 2015.10.30 2015허444
등록무효(디)
Text

1. The decision made by the Intellectual Property Tribunal on December 23, 2014 by the Intellectual Property Tribunal on the case shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

(a) The date of application for the registered design of the instant case (A) 1)/ the date of registration/registration number: The product subject to the design on February 22, 2012 / 14 June 14, 2012 (No. 6488422) design: a description of the design and drawings (attached Form 1) for hot water boiler boilers 3): [Attachment 1]

(b) 1 (A) sources of comparative design 1 (A) (A) : The design b) photograph of an underwater boiler boiler for a hot boiler as identified in the htp on March 28, 201, published in the Mttp (ht:/www.youtlinee.com): [Attachment 2] the comparative design 2 (A9) A (Attachment 2) 2 (A) 2: B (B) on December 8, 2009, the design of a boiler boiler for a hot boiler, as identified in B’s notice on the Internet B B (C): (Attachment 3) photograph of a plug for a boiler for a hot boiler, as identified in the notice on the htp (http):

C. On February 14, 2014, the Plaintiff’s trial decision of this case falls under Article 5(1)1 and 3 of the former Design Protection Act (wholly amended by Act No. 11848, May 28, 2013; hereinafter “former Design Protection Act”).

② The registered design of this case falls under Article 5(2) of the former Design Protection Act, a design that could easily be created from a design that is urbanized in the drawings 2 and drawings 3 attached to the specification of the invention No. 321674 of the patent registration, either by combining designs No. 64842 and designs No. 134513 of the design registration.

③ The registered design of this case was already announced prior to the filing of the application.

The registered design of this case was claimed for invalidation trial against the registered design of this case.

The Plaintiff’s design No. 648842 at the trial decision stage of the instant case is subject to comparative design 1, design 134513, design 2, drawings 2 attached to the specification of the invention No. 321674 at the time of comparison design 3, and “rogate and plar in the drawings.”

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