Restitutio in integrum · 2020-04-08

R2559/2019-3

Contested design: 005866514-0001

CDR

Outcome

Restitutio refused

The appeal is dismissed.

Show verbatim operative text

Dismisses the appeal.

CostsNo costs order

Applicant · invalidity challenger

Keun Jig LEEvia PDF extraction

South Korea (KR)

Rm. 717, 1056, Gyeongui-ro, Paju-si, Gyeonggi-do 10908, Republic of Korea

Represented by

Holder · RCD owner

No opposing holder — Restitutio in integrum.

Article 67(1)Article 67(2)Article 42Article 56Article 57

›Design holder / appellant (Keun Jig LEE via Jacobacci & Partners) sought restitutio in integrum to file a late priority claim for Korean design No 30-2018-0026638, arguing the two-month period under Article 67(2) CDR started on 27 February 2019 (date error was discovered), not 18 December 2018 (date of registration notification).
›The Operations Department had deemed the request inadmissible as filed out of time; the design holder argued the registration notification did not reveal the omission of the priority claim and the double-check control system satisfied the due care requirement.
›The Board held the cause of non-compliance was removed on 18 December 2018 (date representative received electronic registration notification showing an empty priority field); the two-month deadline expired 25 February 2019; the request filed 26 April 2019 was therefore out of time. Alternatively, even if admissible, the representative had not exercised all due care — two paralegals both missed a clearly highlighted priority claim, evidencing absence of an effective error-detection system.
›The appeal was dismissed; the restitutio in integrum request remained inadmissible.

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