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(영문) 대구지방법원 2018.11.22 2018고단1333

특허법위반

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. In fact, the Defendant is a person who actually operates “C” as a manufacturer and sales company of the golf course management products in Busan Metropolitan City, and the victim D Co., Ltd is a licensee exclusive for patent number E (didi).

Of the above prote patent items, F is characterized by a device that prevents secondary submeration by preventing the submeration of the surface from being exposed to three arches in the direction of each mast, along with three arches in the direction of each mast, so as not to be taken by linking the rectangular shape with each other, and by preventing the submersion of the math in the first direction, and by expanding the ground contact at the center of the cross-section of each three arches.

The injured party filed a lawsuit seeking injunction against infringement of patent rights and claim for damages against G in the above case C against G, which imitated the above F, thereby winning the first instance court (Seoul Central District Court 2013 Gohap 520762). G appealed and decided on September 2, 2016 to the effect that "the defendant does not produce, use, transfer, lend, export, import, offer for sale or lease of the Ftditable everyt products, advertise, or exhibit" at the Seoul High Court on September 2, 2016. The decision became conclusive on September 20, 2016.

2. The Defendant, after the decision on the recommendation of settlement became final and conclusive, did not manufacture or sell products by imitateing the above F Podye protection sets. However, on October 3, 2016, the Defendant manufactured 10,00 Podye protection sets which imitate the above F Podye protection sets and sold KRW 10,000 to the I company located in Daegu North Korea-gu H in the same manner as shown in the list of crimes in the attached list of crimes, thereby infringing the Defendant’s exclusive use right by manufacturing and selling the F Podye protection sets worth KRW 101,65,000 over seven occasions.

Summary of Evidence

1. Part concerning the defendant's statement in the prosecutor's office interrogation protocol

1. Prosecutions against J.