전용실시권설정 등록절차이행청구
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On January 10, 2005, the Plaintiff (the former trade name: PPE Es. Es. Es. Es. Es.P.) and the Defendant A and B entered into an exclusive license agreement with the Plaintiff to grant an exclusive license with respect to D technology claimed by Defendant A and B, grant an exclusive license, transfer technology, and pay the fees for the use of the technology to Defendant A and B.
(hereinafter “instant contract”). The main contents of the instant contract are as follows:
-exclusive license agreement - With respect to the grant and transfer of the D Production Technology, the ownership of Defendant A and B (hereinafter referred to as “technology”), the Plaintiff shall pay the royalties in consideration of the use and implementation of the technology, and shall enter into a contract as follows:
Article 1 [Technology]
1.The term "technology" in this Agreement shall include the following patent applications:
(1) Korea Patent Application Number E (F) (2) Korea Patent Application Number G (H)
2.At the time of registration of a domestic patent and a foreign patent related thereto, it shall be included in the categories of this technology.
Article 2 (Exclusive License) The contents of exclusive license shall be as follows:
1. The Plaintiffs grant the Defendant the right to exclusively implement the technology under the terms and conditions of this Agreement (hereinafter referred to as “exclusive license”).
2. The term "exclusive license" referred to in paragraph (1) means the right of the Plaintiff to produce and sell products, to act in relation thereto, and to transfer to a third party, by using and providing the technology provided by the Defendant A and B, and the area subject to granting exclusive licenses shall be all the world areas including
Article 3 [Period of Execution] The period of grant of an exclusive license shall be from the date of conclusion to the expiration date of the patent term under Article 1.
Provided, That where an application is not registered, a license shall be granted for ten years from the time of the occurrence of sales of the product.
Article 4 [Technical Fees, Method of Payment, Related Documents] The plaintiff is the defendant A, and the plaintiff are the following as consideration for the exclusive license: