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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) Registration number/filing date/registration date of the registered design of this case: The name of the product: 57118/10/ Oct. 10, 2008 (No. 2010/ Oct. 25, 2010: The name of the product: 3) : The drawings for parking marking (attached Form 1) : (b) prior design 1 (No. 1) prior design (No. 1) prior design of this case (No. 1) prior design are a ultra-frequency parking reduction center established in the Busan Sungdong Hospital around 2006, and its form (attached Form 2) is as shown in attached Form 2.
same as the photographs described in the subsection.
2) Prior design 2 (No. 1) prior design 2 (No. 2) prior design 2 (No. 3) prior design is a ultra-frequency parking hole established in Busan Sungdong Hospital around 2006, and its form is b. 3) prior design 3 (No. 2) registration number / filing date / registration date: The name of the product on March 31, 2003 (No. 316707//31. 4, 2003. 2) design: (c) [Attachment 2] design ; (d) prior design 3 is identical or similar to Plaintiff 1’s prior design 5 (No. 25) prior design / prior design registration 18 (No. 205) as indicated in the Utility Model Gazette; and thus, (e) prior design 15 (No. 2015) prior to the amendment of the Design Protection Act.
2) On December 12, 2016, the Intellectual Property Tribunal rendered the instant trial ruling citing the Defendant’s petition for invalidation of registration on the ground that “The instant registered design is identical or similar to the prior designs publicly known prior to the filing of the application, and its registration should be invalidated as it falls under Article 5(1) of the former Design Protection Act.” [In the absence of any dispute over the grounds for recognition, Gap’s 1, 2, and 3, and Eul’s 1 and 2 are written.”