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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) The Plaintiff’s registered design (No. 1) 1)/ Date of application / Date of registration: The name of a product C/D/E2 for design registration: a description of the F design;
1. The main design is metal. 2. The main design appears to be a clerical error in the “click” sign to fix the finishing panel on the wall of the building and the support frame.
3. As set out in the reference map, the form of “F” of this original design is an urban drawing that combines pin to prevent the separation from the support press while fixing the support press panel. The combination of the shape and shape “F” with the essential point of the design creation is an essential point of the design creation.
(b) A description of the 3 design and drawings, the state of use of the low surface map, on the surface of the sloping and double-section map;
B. Pre-design (Evidence B No. 5) was set up by G during the period from June 26, 2012 to October 28, 2012, from the relocation, installation, and other construction of the H Corporation’s general situation room (hereinafter “instant construction”). The actual photograph is as follows.
C. On August 24, 2018, the Defendant filed a petition for a trial for invalidation of registration with the Intellectual Property Tribunal against the Plaintiff on the ground that “The registered design of this case falls under Article 5(1)3 of the Design Protection Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Design Protection Act”) because it is similar to the prior design publicly announced prior to the filing of the application, and the registration must be invalidated (No. 2018Da2777, hereinafter “instant petition for trial”).”
(2) On April 29, 2019, the Korean Intellectual Property Tribunal rendered the instant trial ruling citing the Defendant’s above request on the ground that “The registered design of this case is similar to the prior design publicly performed prior to the filing of the application, so the registration should be invalidated.”
[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 5, and arguments.