특허권 이전등록 청구
1. The Defendant is due to the transfer on May 22, 201 of patent rights and design rights listed in the separate sheet to the Plaintiff.
1. Basic facts
A. The Plaintiff, from August 19, 2008, established “D” for the purpose of manufacturing food treatment equipment, manufacturing of pulverr, and wholesale and retail business, etc. on June 9, 2010. On August 27, 2010, the Plaintiff changed the trade name to “B”.
On the other hand, the Plaintiff entered into an agency contract with E on December 2009 for the sale, etc. of food treatment appliances, and on June 9, 2010, E was appointed as the representative director of the Defendant.
B. The Plaintiff filed an application for, and the decision of registration of, the instant intellectual property right from August 31, 2009 to September 29, 2009, filed an application with the Korean Intellectual Property Office for the application for each patent and design indicated in the separate sheet between October 7, 2010 and January 17, 2012.
C. On July 22, 2011, the Plaintiff and the Defendant entered into an intellectual property transfer agreement with respect to the patent and design (hereinafter “instant intellectual property right”) as indicated in the separate sheet (hereinafter “instant transfer agreement”) with the Defendant on July 22, 201, including a transfer agreement as of July 22, 201 and the registration under the Defendant’s name. The key contents are as follows.
The plaintiff and the transferee of intellectual property rights who are currently applying for the transfer contract of intellectual property rights and the defendant enter into a patent transfer contract with respect to the instant intellectual property rights as follows:
Article 1 (Transfer and Receipt) The Plaintiff shall transfer to the Defendant the right to the instant intellectual property, and shall transfer all documents related to the patent and all documents related to the patent, drawings, and technology to the Defendant before the registration is made.
Article 2 (Expenses for Acquisition)
1. The defendant shall pay to the plaintiff a daily amount of KRW 14,000,000 (14,000,000) as the acquisition amount in cash.
1-1. The acquisition cost shall be paid as down payment on July 22, 2010 and shall be 2010.