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(영문) 서울중앙지방법원 2019.06.27 2018가합547625

유체물인도 등

Text

1. The defendant shall deliver each of the relics listed in the [Attached] list to the plaintiff.

2. The Plaintiff’s Defendant on October 15, 2014

Reasons

1. Basic facts

A. (1) On October 15, 2014, the Plaintiff entered into a technology implementation agreement (hereinafter “instant implementation agreement”) with the Defendant, which grants the Defendant the right to implement in the area where the Plaintiff and the Defendant agreed upon, in the future, three class D, E, and F (hereinafter “Class 3”) of the cell growth factors developed using “C”, a source technology owned by the Plaintiff using “C” (hereinafter “the cell growth factors of this case”).

The main contents of the instant execution contract are as follows.

Article 3 (Definition of Technology) (1) The term "technology in this Agreement" means the class D, E, and F3 of the fact-findings completed by the use of source technology owned by "A".

(2) The term "A" shall make every effort to maintain and register patents by taking the procedures for supplementing the PC application or the U.S. patent application at the same time with respect to Growth fact-findingor 3 referred to in paragraph (1).

(3) In the future, “A” shall be granted a preferential license to “B” to the fact-findingor that has been developed through research and necessary procedures, such as patent registration, and shall be conducted by entering into a separate contract.

Article 4 (Grant of Technical License) (1) "A" shall grant "B" the right to implement the technology within the area of the right to the technology referred to in Article 3 at the time of entering into this contract.

(2) Detailed matters not provided for in this contract shall be determined by preparing a separate agreement in implementing the contract.

Article 5 (Term of Contract) (1) The term of this contract shall be from the date of the contract to the date of the most late expiration of the patent of the patent subject to the patent technology.

(2) The period under paragraph (1) may be extended by mutual agreement.

Provided, That if “B (Defendant)” expresses his/her intention to extend the term of the contract to “A (Plaintiff)” six months prior to the expiration of the contract, it may be extended through consultation.

Article 7 (Cost of Technical Implementation and Payment Method thereof) (1) "B"