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(영문) 특허법원 2017.03.24 2016나49
전용실시권설정등록말소등록
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.The reduction of claims by this Court.

Reasons

1. In accordance with the main sentence of Article 420 of the Civil Procedure Act, the corresponding part of the grounds for the judgment of the court of first instance (from 7th to 6th below) shall be quoted pursuant to the main sentence of Article 420 of the same Act.

2. Determination

A. In light of the above facts of recognition as to the cause of the claim and the following circumstances, it is reasonable to view that the agreement of this case was terminated by the agreement of this case between the Plaintiff and the Defendant on January 31, 2013.

Therefore, barring special circumstances, the Defendant is obligated to cancel the registration of the establishment of the exclusive license to the Plaintiff.

① The purpose of the agreement between the Plaintiff and C on the exclusive business rights of March 15, 2012 is to grant C exclusive business rights to the electronic card products manufactured by using the patent right of this case.

Accordingly, the plaintiff has the right to supply related products, and C has the right to exclusively operate the plaintiff's products when the order is issued due to the business activities of C.

On the other hand, the content of the joint business agreement signed between the Plaintiff and C on June 7, 2012 also grants C the exclusive right to sell and operate the electronic card manufactured by the Plaintiff using the patent right of this case.

② The purpose of concluding an exclusive license contract for the patent right of this case concluded between the Plaintiff and the Defendant who succeeded to the contractual status of the Plaintiff is to grant the Defendant a license for the production, use, transfer, lease, etc. of the product using the patent right of this case for the operation of the joint business as above. Thus, the instant exclusive license contract is premised on the existence of such joint business between the Plaintiff and the Defendant.

In Article 2 of the instant exclusive license agreement, “When a contract is concluded pursuant to Article 1(5) of the Joint Business Agreement agreed with the Plaintiff and the Defendant (as of June 7, 2012), the exclusive license shall be automatically extended for that period without any separate consultation.”

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