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(영문) 수원지방법원 2016.09.28 2015노5465
실용신안법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the data analyzing the statements of victims and witnesses and the images of the pictures taken by K of the summary of the grounds for appeal, the form of implementation of the instant letter of position can be sufficiently specified.

According to the professional examiner's opinion, since a camp assembly presumed to be a e-mail assembly is located, the letter of this case does not belong to the scope of the victim's right to utility model right on the ground that the e-mail of this case does not clearly confirm the e-mail or e-mail in some machinery taken at the time of the expiration of the time after the complaint.

It is not reasonable to judge.

In addition, even if there are no elements of Gad Camp assembly, the instant letter was sold to K in the operation of L, as it is, by L’s legal statement, etc., the Defendant had the right to use the instant letter to the victim.

may be appointed by a person.

2. Determination:

A. According to the evidence duly adopted and examined by the lower court, the following circumstances are revealed.

1) In the course of the case, the Defendant and the complainant jointly filed the application number F of the U application number, and the registration number I of the “G” (hereinafter “the instant right to new design”).

Around August 19, 2010, the Defendant and the complainant may not produce G letter of post (hereinafter referred to as “new letter of post”) in accordance with the right to use the new draft of this case and sell it to any third party other than the complainants.

The defendant may produce a double-end letter box using the above right to use the new letter box and sell it to a third party.

“The Agreement (No. 26th page of the investigation records, hereinafter referred to as the “Agreement”) including the content was notarized.

On January 27, 2011, the Defendant transferred the shares of the right to use the instant new design to the complainants, and the complainants registered the right to use the new design in the instant case as a person of the right to use the new design around February 16, 201.

In this process, the complainant did not pay compensation to the defendant.

② Defendant and V.

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