저작권침해정지 등 청구의 소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. The Plaintiff’s assertion is the representative director of D Co., Ltd. (hereinafter “D”) who is engaged in the manufacture of precise chemical parts, such as the visible valves.
D When mining one of the parts of the visible valve as a spared sparing, the 3 connecting pin that supports the pressure of the spared sparing was used, and in accordance with the above method, the defect rate was high due to the failure of the connecting pin at the same time.
In order to solve the above problems, the Plaintiff: (a) installed a liquid agent in three connected pins; and (b) linked a fluid supply room with a liquid agent or a fluid agent with a liquid agent; (c) designed to put the liquid control server at the same time by connecting it at a specific point; (d) produced a gold model to implement such a method; and (c) designed a design map (hereinafter “C”) (hereinafter “the design drawings”).
[1] The plaintiff is the copyright holder of the design drawing of this case.
However, work in D.
Withdrawn E, F, etc. established the Defendant, a company that produces and sells piping materials, such as the visible valves, and copied the design drawings of the instant case, and drafted the same design drawings, and infringes on the Plaintiff’s copyright by producing the d bargaining device type using the reproduced design drawings. Therefore, the infringement is sought.
2. Determination as to the cause of action
A. Under Article 4(1)8 of the Copyright Act, the relevant legal doctrine examples a map, map, design map, map, map, model, or other figure work as one of the copyrighted works. Such figure work is a so-called functional work, the main purpose of which is the expression of skills or practical ideas rather than an expression of artistic value, and its expression is based on the general method of expression, specification or its purpose or function in the field where the intended function or actual idea belongs, and on the basis of convenience of the users of copyrighted works.