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(영문) 특허법원 2015.05.01 2014허8014
등록무효(디)
Text

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 instant registered design / The product subject to design registration No. 61182/2/25 February 25, 2011: 3) a description of design and drawings (attached Form 1 4): The Plaintiff; the design right-holder; the Plaintiff

(b) 1) comparative design 1 (A) / Date of application 4) / Date of registration / Date of publication: No. 65012// October 19, 2012: C: [Attachment 2-1] 2) comparative design 2 (A. 1) 1 (B) : 2) 2 (B) : 2 (B) : 3) 3 (B) 3 (B) 40-3) / 3 (B) 40-3) / 4 of comparative design published on the Internet site of Han branch Co., Ltd.

C. On January 27, 2014, the Defendant: (a) the instant trial ruling was rendered against the Plaintiff on January 27, 2014; and (b) the registered design of the instant case is similar to the comparative design 1, and was wholly amended by Act No. 11848, May 28, 2013; hereinafter the same shall apply).

Article 16(1) and Article 5(1)3 of the former Design Protection Act, similar to the comparable design 2 and 3, falls under Article 5(1)3 of the former Design Protection Act, and Article 5(2) of the former Design Protection Act can be easily created by combining the comparable design 2 through 6.

[Attachment].]

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