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1. The Defendant’s patent right listed in the list (attached Form 1) is based on the succession to the right on March 9, 2018.
Reasons
1. Facts of recognition;
A. 1) On October 21, 2003, the Plaintiff is entitled to the Promotion of Industrial Education and Industry-Academic Cooperation Act (hereinafter “Industrial-Academic Cooperation Act”).
(2) On September 1, 1992, the Defendant was appointed as an assistant professor on the part of the Ministry of Agriculture and Forestry (hereinafter “C”) on September 1, 1992, and began to work as a faculty member of the Department of Agriculture and Forestry (hereinafter “C”). As a faculty member working as a professor of the same department, the Defendant received benefits from A University and received support for laboratories, research facilities, etc.
B. On July 2, 2004, A University Regulations on Intellectual Property of A University enacted and implemented the Intellectual Property Rights Regulations of A University (hereinafter “instant Intellectual Property Rights Regulations”). The main contents of the instant intellectual property rights provisions, amended on June 24, 2008, which was enforced by the Defendant at the time of filing a patent application, are as shown in attached Form 2.
C. The Defendant’s invention, patent application, and the registered Defendant is a professor teaching crop biology and experiment, natural substances chemistry, crop ecology, etc., and was working as a full-time teacher at A University (attached Form 1). The Defendant applied for a patent on the instant invention on the D date, and the said patent was registered as E registration number F on the E date.
On December 29, 2015, the Defendant’s refusal to transfer his right and the Plaintiff’s succession to rights requested the Defendant to transfer the patent right on the ground that the instant invention constitutes an employee’s invention. However, the Defendant refused to challenge the purport that the said invention is not an employee’s invention. (ii) After organizing and deliberating an employee’s invention deliberation committee, A University notified the Defendant of the instant invention as an employee’s invention on August 4, 2016. The Plaintiff on March 9, 2018.