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(영문) 서울중앙지방법원 2018.05.31 2016가합559129

직무발명보상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Defendant is a company engaging in the business of manufacturing food promotion packing machines and wholesale and retail business. 2) The Plaintiff worked as an employee of the Defendant from February 2008 to August 30, 2016.

B. 1) The Defendant indicated the Plaintiff’s invention as indicated in the following table as a joint inventor, and applied for and registered as a patent for a total of four inventions with the Defendant as a patentee (hereinafter the invention is indicated in the same manner as “the invention” according to the sequence in which the invention is indicated, and all of them “the instant inventions” are indicated as “the instant inventions.”

2) The patent claim and drawings of the invention in this case are as shown in the separate sheet No. 1 CD E on the date of the filing of the patent application. The patent claim and drawings of the invention in this case are as shown in the separate sheet No. 1 CD E on the date of the patent application. The patent claim and drawings of the invention in this case are as shown in the separate sheet No. 13.

3) Meanwhile, patent rights for inventions Nos. 1, 2, and 3 were extinguished as indicated below. On August 6, 2016, the date of the registration of the extinguishment of the cause for the extinguishment of the classification by the sequence No. 1, 2, and 3 as indicated below. On August 2, 2017, the unpaid registration fee for the invention No. 2, Oct. 26, 2016, the unpaid registration fee for the invention No. 3, Oct. 3, 2017, shall be paid on August 3, 2017, and no dispute over the grounds for recognition exists. 【No. 23-1 or 3, evidence No. 236-1, 2, evidence No. 37-1, 2, 38-1, 2, 39-1, 39-2, and 39-2, the purport of the entire pleadings as a whole.

2. Summary of the parties' arguments

A. The Plaintiff, while holding office as the Defendant’s employee, completed the instant invention independently, succeeded to the Defendant’s right to obtain a patent for the instant invention, thereby allowing the Defendant to obtain a patent registration under his name. The Defendant obtained considerable profits by producing and selling the advanced packaging paper, etc. by performing the instant invention.

Therefore, the defendant is entitled to just compensation for employee's invention under Article 15 (1) of the Invention Promotion Act.