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(영문) 특허법원 2018.04.13 2017나2240

손해배상(지)

Text

1. The appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

(a) The Plaintiff’s design 1) filing date/registration date/registration number: Goods subject to design D/ E/F2: Three square kilometers for plastic houses: The same as the right drawing;

B. On May 2015, the Defendant’s agreement 1) The Defendant’s A-B operates a machinery-type seller in the name of “G”. A around May 2015, imported products of the same shape as the instant design from China and sold them in Korea. As to this, the Defendant agreed with the Plaintiff on behalf of B on June 18, 2015, and the following (2).

(2) Prior to June 11, 2015, G grants to the Plaintiff the right to design of the instant design without knowledge of the design registration of the instant design, and the Plaintiff agreed to obtain 1,500 won per unit for the opening and closing season between June 11, 2015 and July 30, 2015 (hereinafter “instant agreement”). The Plaintiff agreed to complete the payment of royalties within 10 days from the date of customs clearance of the instant product. < Amended by Presidential Decree No. 25174, Jun. 11, 2015; Presidential Decree No. 25135, Jun. 11, 2015; Presidential Decree No. 25174, Feb. 16, 2015; Presidential Decree No. 25517, Feb. 1, 2016>

(1) A trial ruling invalidating the registration on the ground that the registration is identical or similar to the foregoing (hereinafter “instant invalidation trial ruling”).

A. The ruling became final and conclusive on January 2017, 2017. 【The fact that there is no dispute over the grounds for recognition, evidence Nos. 1, 2, and 4, evidence Nos. 1, 2, and 1, 8, and all pleadings.