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(영문) 수원지방법원 2013.06.19 2012고단6433

특허법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On June 2006, the Defendant listened to the phrase that the Defendant may bring about a lot of profits when manufacturing and selling the victim’s patented product (patent No. 446588), which is a patent product of LelC, (patent No. 44658), which is a patent product of LelC, (patent No. 44658), from the victim’s “eurbic Protocol,” and tried to produce and manufacture the victim’s patented product.

On August 4, 2006, the Defendant filed an application for patent with the Korean Intellectual Property Office under the name of “F” through the “E law office” located in Geumcheon-gu Seoul Metropolitan Government D, and registered the patent as a patent G on October 19 of the same year.

However, the above patent of the defendant was almost imitated of the buffer absences that buffer the core elements of the patent of the victim company, such as the establishment and use of the plate, and the center of the athletes.

From around 2007 to July 2012, the Defendant produced and sold “F”, which is a similar product of the Victim Company’s Product “H”, with the trade name “H”.

Accordingly, the Defendant infringed the patent (patent registration number: 446588) owned by the victim company.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement to the prosecution of I;

1. Application of Acts and subordinate statutes to the complaint and patent court decisions;

1. Article 225(1) of the Patent Act, Article 225(1) of the Patent Act regarding criminal facts, and Article 225(1) of the Criminal Procedure Act, and Article 225(1) of the Defendant’s reason for sentencing sentencing, despite hearing the demand of the injured party to discontinue the manufacture and sale of the injured party’s products, were manufactured and sold without disregarding

For this reason, the victim suffered a big economic loss, and the victim did not make any effort to recover the damage.

Considering these circumstances, the sentence shall be determined as ordered.