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(영문) 대구고등법원 2016.03.24 2015나23148
디자인권 침해금지 등
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning for the court’s explanation of this case is as follows: “The following facts do not conflict between the parties, or evidence Nos. 1 through 4 (including the serial number), evidence Nos. 1 to 1, and evidence No. 1, and evidence No. 1 and video No. 1 can be acknowledged in full view of the purport of the entire pleadings and arguments,” under part 2 of the judgment of the court of first instance.

In addition, “the fourth conclusion” of part of the judgment of the court of first instance is added, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and this is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Additional parts for the deliberation;

C. 1) The Plaintiff’s additional assertion that the registered design of this case and the working product of this case were made by inserting the Plaintiff’s long-standing experience and know-how in manufacturing the design of this case and human and material resources. However, the Defendants, who run a competitor, either imitate the core part of the registered design of this case or modify extremely partially part of them, are manufacturing and selling the Defendants’ products. The Defendants’ act as such, are under the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”).

) Article 2 subparag. 1(j) of the Unfair Competition Prevention Act constitutes an act of unfair competition under Article 2 subparag. 1(j). Accordingly, the Plaintiff asserts in the first instance that the claim of prohibition under Article 4 of the Unfair Competition Prevention Act is a preliminary claim (the Plaintiff’s claim of damages under Article 5 of the Unfair Competition Prevention Act is also a preliminary claim, but the Plaintiff did not add the claim

2) Article 2 subparag. 1(j) of the Unfair Competition Prevention Act provides that “The performance made by another person’s considerable investment or effort shall be without permission for one’s own business in a manner contrary to fair commercial practices or competition order.”

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