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Main Issues
The case holding that the design is within the scope of the right of the registered design, on the ground that (a) the design on the table electrical stand, which is a completed object, is related to the use of a registered design on the table electrical stand, which is a component by the Speaker;
Summary of Judgment
The case holding that the design is within the scope of the right of the registered design on the ground that (a) the design on the table electrical stand, which is a completed product, is related to the use of a registered design on the table electrical stand, which is a component, by the Speaker.
[Reference Provisions]
Articles 5(1)3 and 5(2), 41, and 69 of the former Design Act (amended by Act No. 5354 of Aug. 22, 1997)
Plaintiff, Appellee
Plaintiff
Defendant, Appellant
Defendant
Judgment of the lower court
Patent Court Decision 98Heo9604 delivered on March 11, 1999
Text
The appeal is dismissed. The costs of appeal are assessed against the defendant.
Reasons
The court below's decision that the registered design of this case concerns the body of the unprocessed electricity, and the Speaker of this case often relates to the unprocessed electrical standards. (a) The Speaker of this case concerns the parts of the registered design, and the Speaker of this case is bound to use the registered design of this case because the objects are different from each other, and (a) the Speaker of this case inevitably uses the registered design of this case. (a) The Speaker of this case's registered design of this case is deemed to be identical or similar to the registered design of this case's registered design of this case. The Speaker of this case's registered design of this case and (a) the Speaker of this case's registered design of this case's registered design of this case's body which is similar to those of the registered design of this case's registered design of this case's non-permanent size, body size of the design of this case's registered design of this case's non-permanent body, and the Speaker of this case's registered design of this case's sub-design of this case's registered design of this case's non-permanent body of two.
Therefore, the appeal is dismissed as it is without merit, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition.
Justices Shin Sung-sung (Presiding Justice)