특허권이전등록말소
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. Attached to the litigation of the plaintiff and the plaintiff co-litigation intervenor.
1. The Plaintiff and the Intervenor sought the cancellation of the registration of the entire transfer of the patent right of this case against the Defendant in the first instance trial, and the first instance court dismissed the claim as to the portion 1/2 of the patent right of this case, which was owned by the Intervenor (hereinafter “instant 1/2”), and the remainder 1/2 of which was owned by H.
Since only the defendant appealed against this issue, the object of this Court's adjudication is limited to the portion concerning the portion concerning the portion concerning the portion of 1/2 of this case.
2. Basic facts
A. The Intervenor obtained the patent right of this case by filing an application for a patent on the “D method” as Q date, and obtaining the patent registration as Q date, as a company engaged in repairing, reinforcinging, and unrefuseding, etc. established on February 11, 1999.
B. The Intervenor’s shareholders established H on August 1, 2012, in order to engage in the business of producing and painting materials and printing seals using the instant patent right. On March 28, 2013, H transferred one-half of the instant patent right from the Intervenor and H jointly owned the instant patent right by one-half.
C. On October 19, 2015, at the time of the Intervenor’s holding office as the representative director, the Defendant acquired the instant 1/2 shares from the Intervenor without going through a resolution of the Intervenor’s general meeting of shareholders or the board of directors, and completed the registration of patent transfer in its own future. On the same day, the Defendant was also transferred the patent right regarding the remainder of 1/2 of the instant patent rights from H.
On December 11, 2015, the Plaintiff filed a claim against the Defendant for revocation of the registration of transfer of patent rights with respect to the instant shares as a shareholder of at least 1% of the Intervenor, and subsequently filed a lawsuit against the Defendant on December 24, 2015, a shareholder derivative suit under Article 403(1) and (4) of the Commercial Act with the Daejeon District Court. On March 14, 2016, the first instance trial was pending.