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(영문) 수원지방법원 안양지원 2014.02.07 2013고정626
디자인보호법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in electronic parts manufacturing business, such as KONA with the trade name of "D Company" in militaryposi.

The defendant from April 1, 2009 to the same year.

9. By October 2, 2007, the said D Company’s place of business infringed the E’s design right by manufacturing the KONEX’s shape and shape similar to F on January 22, 2007, and selling it to the Customer.

Summary of Evidence

1. Legal statement of witness E;

1. A copy of a registration design registration certificate or a design registration certificate, or a written judgment in the Design Gazette, 2011, or 2973;

1. Application of Acts and subordinate statutes to a criminal investigation report (the Korean Intellectual Property Tribunal's failure to submit a written trial decision in the case case No. 2010Da330) and a criminal investigation report (the attachment of

1. Relevant legal provisions concerning facts constituting an offense, Article 82 (1) of the Design Protection Act regarding the selection of punishment, and selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Judgment on the assertion by a person involved in the litigation under Article 334(1) of the Criminal Procedure Act

1. The defendant only supplied the goods permitted by the complainant prior to the reversal of the agreement with the complainant, but did not manufacture and sell the goods by infringing the complainant's design right.

2. The following circumstances acknowledged by each evidence of the judgment as follows: (i) the complainant asserts that the product manufactured by the defendant was infringed upon the complainant's design right after April 1, 2009 when the business agreement was terminated, not the issue of the product supplied by the complainant prior to the reversal of the business agreement; (ii) the defendant also stated that a part of the product in the G company was produced and sold after the complainant's entire inventory goods were sold during the second police interrogation; and (iii) the defendant filed a request for a trial on invalidation of design registration with respect to the complainant's design right on November 30, 2010, the claim was dismissed as the Patent Tribunal's dismissal on January 20, 201, and became final and conclusive as of January 20, 2011; and (iv) the complainant's right to design with respect to the KONEX manufactured by the defendant.

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