특허권공유확인등
1.The judgment of the first instance court, including a claim for a counterclaim that has been changed in exchange at the trial, shall be changed as follows:
Basic Facts
The defendant company as a party is established with the trade name "D Co., Ltd." around July 1972, and was changed to the trade name as of September 3, 2004, and the defendant C served as the representative director of the defendant company from March 21, 2001 to September 21, 2001.
The Plaintiff’s major in the toxicology is a master’s degree at the N University Health Graduate School in 1980, and the Plaintiff’s doctorate in the thesis “P” at P in 1984.
The Plaintiff started contact with the F of the Netherlands with respect to the development of aviation cancer from around 1998 when he worked for E Co., Ltd. (hereinafter “E”), and had been in charge of contact with F even around 2000 when he worked for G Co., Ltd. (hereinafter “G”).
In addition, from March 21, 2001 to March 21, 2004, the Plaintiff served respectively as a director of the Defendant Company from March 21, 2004 to March 21, 2006.
On February 25, 2001, the Defendant Company entered into an agreement on the development of air cancer with H where F is the representative director (hereinafter “instant development agreement”) with H on February 25, 2001.
The main content of the above arrangement is that the defendant company bears research funds necessary for the development agreement of this case, and all detections and patentable inventions arising in the research and development process will, in principle, vest in the assets of the defendant company.
In addition, the Plaintiff was designated as a research supervisor of the Defendant Company pursuant to the instant development agreement.
Based on the F’s research outcomes, the Plaintiff and the Defendants filed an application for patent of this case with the Korean Intellectual Property Office as a joint inventor, and the Plaintiff and the Defendants jointly filed a patent application with the Korean Intellectual Property Office as a joint inventor (hereinafter “first application”).
The Plaintiff and the Defendants, based on the F’s additional research results, are both the Plaintiff and Defendant C.