1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

(a) A registered design 1) filing date/registration date//registration number: A product subject to a design of D/ E/F2: A description of the design, the main points of the creation, and drawings for the number of students enrolled in a course of study; 4) the design right-holder: the Plaintiff;

B. 1) Date of prior design / Date of registration / Date of publication / Number of registration : Goods subject to design G/H/I/J2: Explanation of a master’s degree course 3) design, main points of creation, and drawings: 4) design right-holder: the Defendants

C. On July 30, 2018, the Defendants asserted that the registration of the registered design should be invalidated because the registered design falls under Article 33(1)3 of the Design Protection Act as a design similar to a prior design publicly notified prior to the filing of the application. 2) On May 22, 2019, the Intellectual Property Tribunal rendered a trial ruling against the Defendants upon receiving the aforementioned request by the said Defendants (hereinafter “instant trial ruling”).

【Grounds for Recognition】 without dispute, entry of Gap evidence Nos. 1-5, purport of the whole pleadings

2. Determination as to the illegality of the trial decision of this case

A. A summary of the party’s assertion 1) The Defendants (grounds for invalidation of design registration) are similar to prior designs and fall under Article 33(1)3 of the Design Protection Act, and (2) a person with ordinary knowledge in the field to which the design pertains (hereinafter “ordinary designer”).

(ii) The registered design is similar to the prior design, as it is readily created by combining prior designs or by combining prior designs with widely known shapes, and thus, the registration of the design ought to be invalidated even if it falls under Article 33(2) of the Design Protection Act. In conclusion, the instant trial decision, supra, is lawful. 2) In light of the following points, the registered design is similar to the prior design.

(1) the creation of a normal designer can be easily made.