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[1] Whether it is against the principle of the adversary system for a court to adjudicate on a legal issue which a party did not raise in trial (affirmative)
[2] The case holding that in an appeal of the Korean Intellectual Property Tribunal's decision which invalidated the registered design of ""a cosmetic facial mask"" on the ground that its design was easily creatable from other designs publicly known in Korea before the design application was filed, the only ground of appeal raised by an appealing party was that Article 5 (2) of the Industrial Design Protection Act cannot be a basis of invalidating the registered design because the registered design at issue was not easily created from other publicly known similar designs; however, the court below invalidated the registered design on the ground of Article 5 (1) 3 of the Industrial Design Protection Act which was not even raised by the appealing party and held the registered design was similar with other publicly known designs; therefore, the court below violated the principle of the adversary system
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