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(영문) 특허법원 2019.11.15 2017나2615
손해배상(지)
Text

1. The part of the judgment of the court of first instance against the defendant regarding the prohibition and prevention of infringement and the claim for the destruction of infringed products.

Reasons

1. In the first instance trial, the plaintiffs were entitled to temporary protection against each of the protected plant varieties listed in the separate sheet No. 1 (hereinafter collectively referred to as "the protected plant variety of this case," and individually referred to as "the denomination of each of the protected plant varieties listed in the separate sheet No. 1), claims for prohibition and prevention of infringement under Article 83 of the New Plant Protection Act and requests for destruction of infringing products and requests for prevention of infringement under Article 83 of the previous Unfair Competition Prevention and Trade Secret Protection Act (amended by Act No. 1580, Apr. 17, 2018; hereinafter referred to as "former Unfair Competition Prevention Act") or claims for prevention and damage compensation under Article 2 (1) (j) of the previous Unfair Competition Prevention Act and the previous Unfair Competition Prevention Act (hereinafter referred to as "the previous Unfair Competition Prevention Act"), and claims for prevention of infringement against each of the protected plant variety of this case and the previous Unfair Competition Protection Act No. 2 of the plaintiff No. 1 and the previous Unfair Competition Protection Act (hereinafter referred to as "Information Protection Act") and the plaintiff No. 2 of this case's.

The first instance court's claim for the prohibition of infringement against the plaintiffs' defendant and co-defendant D and E in the first instance court.

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