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(영문) 서울중앙지방법원 2017.11.09 2016가합542169
손해배상(지)
Text

1. In each lawsuit against the Defendants, “the reproduction, production, preparation, and transfer of any product directly or indirectly through a third party.”

Reasons

1. Facts of recognition;

A. The Plaintiffs’ plant variety rights and exclusive license 1) Plaintiff A Steering Committee (hereinafter “Plaintiff Committee”).

2) Each of the instant varieties listed in the separate sheet (hereinafter referred to as “each of the instant varieties”).

The first breeder of the instant variety is the U.S. Intellectual Property Office (F is G date, H is I date, K date, and L is M). 2) With respect to each of the instant variety, the Plaintiff Committee granted a non-party N Co., Ltd (including O companies N and N(A) companies; hereinafter “N”) an exclusive license agreement (hereinafter “P license agreement”) with the Republic of Korea on December 1, 201, as indicated in the separate sheet with the P Co., Ltd. (including Q& companies in relation to each of the instant variety; hereinafter “P”).

3) The Plaintiff’s commission (amended by Act No. 11458, Jun. 1, 2012; hereinafter the same)

(4) As to the publication of crops subject to plant variety protection (before repeal by Ministry of Agriculture, Food and Rural Affairs No. 2014-52, May 16, 2014) and the publication of crops subject to plant variety protection (before repeal by Ministry of Agriculture, Food and Rural Affairs No. 2014-52, May 16, 2014), an application for plant variety protection was filed as shown in the attached list to the Korea National Seed Institute, as in the attached list, and the application was filed for plant variety protection as described in Article 11 and Article 20 subparag. 28 of the Enforcement Rule of the same Act (wholly amended by Ordinance of the Ministry of Agriculture, Food and Rural Affairs No. 49, Oct. 18, 2013) and Article 13-2(1)3 of the former Enforcement Rule of the same Act (wholly amended by Ordinance of the Ministry of Agriculture, Food and Rural Affairs No. 2014, May 16, 2014).

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