영업방해금지
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
The reason why the court should explain this case is the same as that of the first instance judgment, except for the addition of the following judgments as to the matters claimed by the defendant in the trial, and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
No dispute is raised as to whether the patent and utility model rights in Korea are an employee invention based on the employment relationship between the plaintiff and the defendant among the inventions and devices of this case in question.
The instant lawsuit filed a claim that limits the Defendant’s rights by asserting that the Plaintiff filed a non-exclusive license on the patent and utility model rights registered in a foreign country on the basis of the priority of patent and utility model rights registered in Korea, among the instant inventions and devices, and thus, the effects of patent and utility model rights in each registered country are subject to adjudication, and there are exclusive international jurisdiction
Therefore, the lawsuit of this case filed by a foreign court on patent rights and utility model rights is unlawful.
The Plaintiff’s non-exclusive license for the invention and device of this case is recognized only in Korea, and it does not extend to the invention and device filed and registered in a foreign country, including Canada. Therefore, the Plaintiff’s claim of this case is without merit.
Judgment
International jurisdiction over the instant lawsuit is located in a domestic court.
The plaintiff's claim of this case interferes with the plaintiff's business by spreading false information that "the plaintiff infringes on the defendant's patent right or utility model right," against the plaintiff's business partner who conducts business using the invention and device of this case." Thus, it is sought prohibition of the above interference.
Therefore, the instant lawsuit is not a lawsuit directly dealing with the effects of patent rights and utility model rights, but a claim for exclusion of interference with the Plaintiff’s business.