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(영문) 수원지방법원 성남지원 2015.09.04 2014고정1650
실용신안법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who operates a steel laboratory with the trade name of Co., Ltd. in Gwangju City.

On January 27, 2010, the Defendant transferred the utility model right to the Victim E, which is F in the application number of the utility model application, to the victim, and the victim registered the utility model right as the utility model right in H, even though the utility model right I was registered as the utility model right, on March 27, 2012, the Defendant infringed the victim’s utility model right by manufacturing five of the seven of the seven of the seven of the seven of the seven of the seven of the seven of the while the Defendant was operating the Defendant, which is located in Gwangju City on March 1, 2012, as the design of the utility model right and selling the five of the five of the five of

2. Determination

A. In order to determine whether five G letter of work sold by the Defendant to L (hereinafter “each letter of work in this case”) against the utility model I “G” (hereinafter “instant utility model”), owned by E, the implementation form of each letter of work in this case should be specified first, but the utility model in this case should be determined only through comparison and analysis with the device set forth in the instant utility model (hereinafter “instant device”).

However, the following circumstances revealed by the trial process and records of this case, i.e., ① direct judgment data on the implementation form of each letter of this case does not exist except the photographs taken by K (as evidence in an investigative agency and court, it is impossible to specify the implementation form for the determination of utility model infringement), ② the machinery displayed on the above photograph is not the whole part taken, but only the part taken, so it is impossible to grasp the overall structure and detailed elements of the machinery. ③ The machinery displayed on the above photograph is not the same machine, but at least two machines taken at different places on different dates.

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