Supreme Court of Korea

“ A patent can be granted to a selective invention on the conditions that first, a preceding invention has not yet disclosed subordinate concepts comprizing a selective invention in concrete; second, subordinate concepts possess effects different in quality from the preceding invention, or if not, at least, there exist conspicuous differences in effect as measured quantitatively between them. ”

“ Using a mark that is composed of a conspicuous style, font or design which draws public attention may not be an indication of a trade name used in an ordinary way. However, whether a specific mark is indicated in usually used ways should be determined by a comprehensive review of all factors of the mark's mode of use, such as the mark's place, arrangement, size, relationship to other phrases, or use in combination with a figure. ”

“ But in light of the fact that when purchasing goods, ordinary users of the designated goods tend to focus on the contents of the creative work contained in the designated good or the title thereof, rather than the trademark itself, the mere fact that the contents concerning the computer operating system can be included in the designated goods is not sufficient to establish that ordinary users recognize the registered trademark as a mark indicating the contents of the designated goods in a common way. ”

“ The alteration of identification items of trademark owner such as name, address, ID number is only for the purpose of conforming the contents of the registration with a substantive relationship in terms of identification items only to the extent of maintaining the identity of trademark owner and has nothing to do with the transfer of the trademark right. ”

“ However, when the utility model right is registered as cancelled, the utility model right holder is precluded from citing his/her rights in the utility model register and further from engaging in any act that requires registration, such as disposing of or pledging his or her utility model right as collateral. This results in material obstruction in the utility model right holder's exercise of his/her rights, and therefore, the restoration of the utility model registration constitutes an act of directly altering the legal relationship of the utility model right holder. ”

“ Thus, the court below erred in matters of law by misunderstanding legal principles as to the usability for industrial purposes, which affected the conclusion of its judgment. The ground for appeal pointing this out is justified. ”

“ In conclusion, we hold the view that the trademark of this case and the conflicting trademark No.1, as a whole, are difficult to be seen as similar to each other, and it is hard to find similarities as a whole between two trademarks to the extent of finding that they trigger consumer misconception ∙ confusion as to their product origins even if we further take their appearances and concepts into consideration. ”

“ In addition, to be effective against third parties, the transfer, modification, extinguishment, or restriction on disposition of a non-exclusive utility model license as well as the creation, transfer, modification, extinguishment, or restriction on disposition of a pledge for a non-exclusive license must be registered. Lastly, in light of its nature, an intellectual property right such as a utility model right cannot be defined other than by a registration. ”

“ Also, in light of the fact that the registration of cancellation itself does not bring any direct changes upon any right inherent in the utility model, there should logically be no right to such petition. ”

“ Therefore, the judgment of the court below is reversed without reviewing the remaining grounds for appeal, and the case is remanded to the court below for further trial ∙ determination. And it is so decided as per Disposition by the assent of all of the Justices who heard the case. ”

“ The purpose of this Act is to relieve citizens from the infringement of their rights or interests by the illegal dispositions of administrative agencies and the exercise or non-exercise of public power, and settle properly disputes over the rights involved in public law or the application of law, through administrative litigation procedures. ”

“ The court below erred in matters of standing by overlooking this critical procedural problem and going on to examine the substantive matter, so we don't have to review the grounds for appeal as to the substantive matter. ”

“ The kinds of chemical compounds derivable from the general formula (1) of the Cited invention are quite extensive depending upon the choice among A, B, X, X1, Z, Z1, n and m, and a chemical compound, which is identical with the chemical equation (1) compound of this case{the definition of a substituent in the general formula (1) is omitted}, is obtained if H replaces A and B respectively ”

“ When there exists any third person having interest in the registration, upon application for a restoration of a cancelled registration, the said application form should be appended by his letter of consent or a copy of a court judgment opposable against him. ”

“ This principle equally applies to a service mark. Considering the following facts that the registered service mark (pronounced Okryugwan) and Mark (Ga) (pronounced Pyungyang Okryugwan) are similar; the designated business of the registered service mark is similar to North Korean Rangmyun Restaurant business where Mark (Ga) is used; the font of Mark (Ga) is not unique so as to attract the public attention, but the word (주) 평양 and the word 옥류관 is displayed in different sizes so as to make the word 옥류관 stand out ”