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(영문) 의정부지방법원 2014.07.02 2013가합4347

특허권반환및손해배상

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s joint business promotion agreement with the Plaintiff and E and the termination of partnership relations are as follows: (a) The Plaintiff’s patent right listed in the separate sheet (hereinafter “instant patent right”).

(2) From September 7, 2008 to March 2009, E was engaged in the development, manufacture, and sale of the road traffic safety facilities using it, and from around September 2008 to around March 2009, E used “G” as the representative director, and from March 2009 to April 201, H was the representative director, and I established and operated “G” as the director. (2) On September 7, 2009, E was registered as the trade name “G” with the name of “G,” and the Plaintiff started the manufacture and sale business of the said road traffic facilities operated by the Plaintiff.

3) On September 18, 2009, the Plaintiff entered into a joint project promotion agreement with E, mainly responsible for the invention affairs of road traffic safety facilities, and E, mainly responsible for funding investment attraction and business promotion expenses, to jointly promote the development, manufacture, and sale of road traffic safety facilities. The main parts of the agreement are as follows (A “A” and “B” refers to the Plaintiff, and “B” refers to “B”.

Article 6 (Rights and Duties of “A”) (1) The term “A” means the amount of intellectual property rights and development costs (gold type, design, and other research costs) of an invention under the name of “A” prior to the contract, and the property rights are the public property rights of “A” and “B”. Provided, That the same shall not apply where grounds for termination of the contract between “A” and “B” arise.