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(영문) 수원지방법원 안산지원 2017.03.21 2016고단4614
특허법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of 50 million won for Defendant B.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A from around 2003 to the date of operating B as the representative director of B, etc., at the same time, from September 12, 2012 to September 22, 2013, a corporation is established for the purpose of manufacturing and selling electronic parts, and Defendant B is a corporation established for the purpose of the manufacturing and selling electronic parts.

1. Defendant A

(a) No person shall indicate an article that is not a patented one, an article that is not a patent application, or an article that is not a patented one, or an article produced by a non-patent-related method or an article that is not a patent-related one in an advertisement, signboard, or label for the purpose of producing, using, transferring, or lending such article, or an article that is patented or patented, or an article that is produced by a patent-related method or by a patent-related method that is not an application

From the second half of 2013 to May 2016, the Defendant advertised “D”, which is the four-day device machinery produced by the said B, on the website, and in fact, applied for a patent in the said B without having filed an application for a patent under the said B, the Defendant applied for a patent of only the low-income company for the production of the four-day art machinery in the low-income company, and the Defendant filed an application for a patent in order to ensure the successful entry into a foreign country.

“The patent applicant E described “,” and indicated the patent application details of the patent applicant E, “the F four-day Art Equipment of the patent application, the G D D-day Art Equipment of the patent application, the method of patent application H H H H H H H H H H H H H H H H H H H H H H H H H H H H-day device.”

Accordingly, the defendant is in the production of non-patent-related articles.

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