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(영문) 특허법원 2017.11.24 2017나1995
특허권이전등록 등
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established pursuant to the "Promotion of Industrial Education and Industry-Academic Cooperation Act" on February 27, 2004, and is engaged in the conclusion and implementation of the Industry-Academic Cooperation Agreement of A University, the acquisition and management of intellectual property rights, the transfer of technology, and the promotion of commercialization. The Defendant, on March 1, 1991, was appointed as an A University’s mechanical design and an assistant professor and worked as a professor on March 1, 2008 to September 12, 201, was provided with other laboratories, research facilities, etc. by A University.

B. On March 1, 2003, the Plaintiff enacted and implemented the regulations on employee’s invention and compensation (hereinafter “instant employee’s invention regulations”) and the main contents of the instant employee’s invention regulations amended on February 1, 2012 are as follows.

The purpose of Article 1 (Purpose) of the Regulations on the Compensation for Job Invention and Performance is to promote the reasonable management and operation of intellectual property rights protection encouragement, compensation for implementation, etc. of professors, employees, students, and other persons engaged in research affairs at A University (hereinafter referred to as "A University") (hereinafter referred to as "school personnel, etc.") by prescribing the duties invention and compensation for implementation of the A University Industry-Academic Cooperation Foundation (hereinafter referred to as the "Academic Cooperation Foundation").

Article 2 (Scope of Application) Except as otherwise provided in Acts and subordinate statutes or in other contracts, the management of intellectual property rights (industrial property rights, copyrights, new intellectual property rights, etc.) and compensation for license shall be governed by this provision.

Article 3 (Definition of Terms) The definitions of terms used in the provisions of this Article shall be as follows:

1. The term "job invention" means where a school employee, etc. makes an invention in connection with his/her duties falls under the scope of the business of an industry-academic cooperation foundation and the act which has caused the invention falls under the present or past duties of the inventor;

2. “Invention” means an inventor;

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