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(영문) 서울중앙지방법원 2018.10.19 2018가합508316

특허와 디자인 소유권이전등록청구

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1. The Defendant rendered February 22, 2018 with respect to the patent and design rights listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant’s joint business 1) From around 2002, the Plaintiff continued to engage in the business related to the development of products related to bathing goods, such as manufacturing and selling bathing goods, and the Defendant is a person who has engaged in the business of selling goods to brand licensing and home shopping companies, etc. with the trade name of “D”. 2) The Plaintiff and the Defendant jointly engaged in the business of producing and selling showers around May 2012.

Specifically, the plaintiff has shared the business of developing shower H, and the defendant shared the business of developing home shopping and market.

3) Around December 2012, the Plaintiff completed the development of Shari Sha Ba, and the Defendant began to supply shower hedging to the Internet shopping mall, etc. developed by the Defendant, and sell the shower Bad (hereinafter the above developed shower Bad, “the shower Bad”.

(B) B. B. The Defendant filed a patent application with the Korean Intellectual Property Office for the application of “F” invention as to the shower H on the date of e.g., the Defendant filed a patent application with the Korean Intellectual Property Office G for the application number, and filed a design application with H for the application number of the shower H.

The Plaintiff consented to the Defendant’s filing of the sole application as above.

2) On December 19, 2013, the Korean Intellectual Property Office decided to register the design of the said design, and on February 20, 2014, decided to grant a patent for the said invention (hereinafter the aforementioned patent and design collectively referred to as “instant patent and design”).

(i) the I Patent Law Office (hereinafter referred to as the “Patent Office”) responsible for the application for patent and design registration;

A) On February 20, 2014, the registration fee for the above patent and design (hereinafter “instant registration fee”) shall be paid to the Defendant on February 20, 2014.

(3) The Defendant paid the instant registration fee through the J date Patent Office, and the instant patent and the instant patent as indicated in the separate sheet.

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