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(영문) 서울행정법원 2018.04.05 2017구합62495
우수조달물품지정취소처분 취소청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a corporation engaged in the manufacture, wholesale, sale, installation, maintenance, etc. of CCTV equipment.

B. The Plaintiff registered two patents as follows (hereinafter “the First Patent” and “the Second Patent” in the order of the following two patents, which are applied to crime prevention and vehicle control systems, etc. (hereinafter “each of the instant patents”).

1. Patent registration number No. 10-1032495, patent name: digital panty, ethyl or bringing area surveillance, crime prevention and multi-functional control system, and enforcement method using the control system for parking and stopping control, registration date: The patent registration number No. 10-103237, April 25, 2011; the title of the invention: The area surveillance by tele-economic video of 360 degrees 360 degrees : The method and method of controlling crime prevention and parking and stopping control, and the date of registration: April 28, 2011;

The Plaintiff filed an application with the Defendant for designation of exemplary procurement commodities pursuant to Article 9-2 of the Procurement Act (hereinafter “Planning Act”) regarding the crime prevention and vehicle control system based on the multi-user body tracking based on which each of the instant patents applies (hereinafter “the instant goods”) to the Defendant, and was designated as exemplary procurement commodities by the Defendant on July 3, 2015.

(Designation Period from July 3, 2015 to July 2, 2018) d.

On March 8, 2017, the Defendant received an objection under Article 15 of the Regulations on Designation and Management of Exemplary Procurement Commodities (amended by Notice No. 2017-24, Sept. 29, 2017; hereinafter referred to as the "Regulations") with the following content on the basis of an appraisal statement stating that “the instant product is not corresponding to each patent, and is not related to each other” as to the instant product. On March 8, 2017, the Defendant requested the Plaintiff to submit explanatory materials as the shipment on the aforementioned objection.

Among eight models registered on the plaintiff's standard specifications, the product containing video monitoring division is three models, and two double-combined models are two models.

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