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(영문) 부산지방법원 2015.09.16 2015고정2480

특허법위반등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates “C” as a manufacturer and sales business entity of exchange appliances located in Busan-gu B.

1. From March 4, 2012 to April 12, 2013, the Defendant in violation of the Patent Act: (a) produced and supplied approximately 91,524 (1,700 won per unit) of the “ fixed apparatus for air-conditioning” in an amount equivalent to KRW 155,590,80 of the market price by stealing the patent for “ fixed apparatus for air-conditioning” registered with the Korean Intellectual Property Office as registration number E on August 17, 2010; and (b) produced and supplied 45,666 items to “H” through “G” located in Sho-gu, the subcontractor; and (c) supplied 10,394 items to “I”; and (d) 3,300 items to “K” and 32,164 items to “K”.

Accordingly, the defendant infringed D's patent right.

2. The Defendant violated the Design Protection Act and the Utility Model Act from May 4, 2010 to May 12, 2013, the Defendant produced and supplied approximately KRW 9,380 (one thousand six hundred per unit) equivalent to KRW 15,008,00 at the market price by stealing the design of the “exchange” registered as L with the Intellectual Property Office of the Republic of Korea on May 29, 2007, and the “Exchange” design registered as registration number M on November 5, 2007, and supplying and selling approximately 9,380 (one thousand six hundred won per unit) to “N” through “G located in the so-called “N”, a subcontractor. < Amended by Act No. 10150, May 4, 2010; Act No. 11380, May 5, 2013>

Accordingly, the defendant infringed the design right and utility model right of D which is the complainant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement about D or P;

1. A report on investigation (the details of sales and accompanying photographs);

1. Application of statutes to reply to a written review opinion, including a copy of the registered Design Gazette (L), a copy of the registered Utility Model Gazette (M), a copy of the registered Patent Gazette (E), a copy of the business registration certificate, a copy of the business registration certificate (C), a trial decision of the Intellectual Property Tribunal (1931, 2090, 2089), and a written review opinion;

1. Article 225(1) of the Patent Act (a) of the relevant Act on criminal facts and the former Design Protection Act (wholly amended by Act No. 11848, Jul. 1, 2014).