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TITLE Supreme Court Decision 2021Hu10473 Decided February 23, 2023 【Confirmation of the Scope of Rights (Design)】 [full Text]
Summary
【Main Issue and Holding】 When determining whether the accused design falls under the scope of the registered design right, whether a defense of free-to-exploit design premised on the fact that a design that is easily implemented from either a publicly known design, the existence of which served as the grounds for the application of the provision on the exception to the lack of novelty, or combination of publicly known designs, falls under the public domain, can be asserted (negative)
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