logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.01.26 2016가합554537
특허권 전용실시권의 설정등록 말소
Text

1. The Defendant completed on August 8, 2013 with respect to the patent right stated in the attached sheet to the Plaintiff as the receipt C.

Reasons

1. The following facts, comprehensively taking into account the respective descriptions of evidence set forth in subparagraphs 1 through 4 (including each number for those with a serial number; hereinafter the same shall apply) and the whole purport of pleadings:

(a).

the facts of this subsection, and the following shall be certified:

The facts of this subsection are clear in the records. A.

The plaintiff shall grant an exclusive license to the defendant with respect to the patent right listed in his/her attached Form.

(Article 1). The Defendant is supplied with 100,000 inventory of patented products by the Plaintiff and sells all of them within 18 months.

(Duty of Inventory Proof). The defendant shall pay to the plaintiff the royalty of KRW 100 per unit of new products manufactured and sold with the patent.

(Roti payment obligation). The contract may be terminated according to the Plaintiff’s intent if the Defendant fails to perform one of the above two obligations. In this case, the Plaintiff shall notify the Defendant three months prior to the termination of the contract.

(2) Paragraph (2) of Article 3. The plaintiff may terminate the contract in writing, if it is deemed that the defendant has waived or explicitly waived the patent within 10 days after the establishment of the exclusive license, and if it is deemed that the defendant has no possibility of resumption of operation for a considerable period of time since the suspension of operation, the plaintiff may terminate the contract within three months after the request for correction, and if the correction is not made

(Article 12) (Duty to Implement Manufacturing). On October 18, 2013, the Plaintiff and the Defendant concluded a patent-exclusive license contract (hereinafter “instant contract”) with the following main contents.

Before entering into the instant contract, the Plaintiff completed the registration of the establishment of an exclusive license as stated in Paragraph (1) of the instant patent right to the Defendant on August 8, 2013.

B. The Defendant’s nonperformance of the obligation agreed to obtain the exclusive license of the instant product from the Plaintiff and to perform the manufacture and inventory of the instant product, but has not yet been proceeded until now. As such, the said undertaking does not proceed until April 30, 2016, the Defendant terminated the exclusive license.

arrow