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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Facts of recognition;
A. The Plaintiff’s business partnership agreement states “A” as “A” but in fact M appears to have been an individual business entity of the Plaintiff, not a stock company. On February 10, 2014, the Defendant entered into a business partnership agreement with the Defendant (hereinafter “instant business partnership agreement”).
Section 1 (Purpose) The purpose of this Agreement is to clarify the rights and obligations of products that use the copyright owned by “A (the meaning of the Defendant, hereinafter the same shall apply in this Agreement)” and “B (the meaning of the Plaintiff, hereinafter the same shall apply in this Agreement)” (the planning, development, marketing, and marketing of products).
Article 2 (Term of Contract) The term of this contract shall be two years from February 10, 2014 to February 9, 2016.
If the parties to the contract intend to renew, add, modify, or renew this contract, they shall agree in writing.
Article 3 (Definitions)
1. Products subject to design: Products related to food by utilizing copyrights (trademarks and brands) owned by A;
2. License: A’s right to authorize A to use trademark rights, etc. that A has exclusive license under this Agreement.
Provided, That the above right to use shall be granted exclusively to B.
3. Content: Materials necessary for public relations (production of materials screen and photographs, paintings, advertising materials on the Internet page, product papers, and shopping mall) for the sale of subject products using Gap's portrait rights.
4. Sales channels: All channels, including home shopping sales, Internet sales, off-line sales, overseas sales, and other channels, on which a prior consultation is made with A;
Article 4 (Infection and Duties)
1. A shall grant the authority of distributors and sellers only to B during the contract period for the sale of the product at issue.