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(영문) 특허법원 2018.09.21 2017나2738

손해배상(지)

Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. Basic facts

A. The Defendant’s design meeting 1) From around December 2008, around the central research institute affiliated with the Defendant, the Defendant started a meeting for the preparation of a new container for high-quality food packing materials new, focusing on the central research institute affiliated with the Defendant. 2) On June 18, 2009, the Defendant’s design meeting was held on June 18, 2009 at a meeting held by the Defendant AC Research Institute affiliated with the Defendant, located in Ansan-gu.

E, the director I of the defendant marketing division I, J of the defendant central research institute FS Center, staff K of the packing development team of the defendant central research institute, L of the main research institute, and N of the M andO were present, and the plaintiff also participated as the introduction of the above P.

The plaintiff

6. At the conference of 18.18. At the defendant's own meeting, the design scenarios (not more than 2.2 of the evidence No. 1 and No. 1 of the evidence No. 1) as follows were presented to the defendant's side:

3) and on June 26, 2009, meetings held at the above AC Research Institute (hereinafter “6.26 Session”).

E

6. The same number of persons as the 18th meeting was present, and at the time the plaintiff presented the design trial proposal (Evidence A7) as follows to the defendant side.

B. The Defendant’s registered design applied for and obtained registration of the first and second registered design as follows.

1) The first registered design A) filing date/registration date//registration number: the product subject to X/Y/W design: (a) the filing date/registration date/registration date/registration number of the second registered design design drawings 2) on the left-hand side of the sloping surface map of the sloping surface map c) / the filing date/ registration date/registration number: the product subject to X/Y/Z (ZB) design: food container D) on the left-hand side of the sloping surface map / the upper-hand side of the sloping surface map / the fact that there is no dispute as to the ground for recognition of the drawing plan / the upper-hand side map / the ground for recognition of the drawing plan / Gap 1, 3, 7, Eul 6, 24 (including each number, if any; hereinafter the same

2. Determination on the cause of the claim

A. The plaintiff 1's assertion is that the defendant applied for the registered design 1 and 2 by stealing the plaintiff's design design design design design as follows and received the registration.