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Reasons
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(영문) 특허법원 2017.06.22 2016나1417
특허권등이전등록청구
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1. The plaintiff's appeal and the first and second preliminary claims added by this court are dismissed, respectively.

2.The Court.

Reasons

1. Basic facts

A. On September 30, 201, the Plaintiff’s contract concluded a mutual growth agreement with the Defendant for the promotion of the development and application of new technology and new technology (hereinafter “instant agreement”) and its content is as follows.

In order to promote joint development and application of new technology and new products, the following matters shall be mutually supported and cooperated:

1. Research and development for the development of new technology and new products;

2. Acquisition of a patent and exercise of a patent right to a new technology or new product (including a license agreement);

3. Registration of new technology and new technology methods;

4. Application of new technology and new products (development of new products subject to purchase);

5. Matters related to the manufacture, sale, and publicity of new technology and new products;

B. Although there is no express contract for the transfer of rights based on the instant agreement, there is no dispute between the parties as to the existence of the contract and the transfer of the instant intellectual property right.

(C) In accordance with the instant transfer agreement, the Plaintiff registered the Defendant as the holder of the right, and registered the “C”, “D”, “E”, and “F,” and registered the “G”, “H”, “I”, and “J” with the Defendant as the applicant, and the Defendant as the applicant was under examination.

The details thereof are as shown in the list (attached Form 1) through (attached Form 3).

(hereinafter referred to as “instant design right,” and attached Form 2, each of the patent rights listed in the list shall be “instant patent,” and each of the utility model applications and designs listed in the list shall be “instant utility model application, etc.,” and individually shall be “the instant design right, etc.,” according to the attached sequence, and if all of the above rights, etc., are referred to collectively, it shall be “the instant intellectual property right, etc.,” [the grounds for recognition].

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