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(영문) 부산지방법원 2017.12.13 2016가합50668
디자인권침해금지 등 청구의 소
Text

1. The defendant shall produce, transfer or lend the products listed in the annexed sheet No. 1, or exhibit or import them for that purpose.

Reasons

1. Basic facts

A. The Plaintiff filed an application for design registration with respect to the two shapes on the C date, and received the registration of the design right as follows (hereinafter “instant registered design”).

The filing date/application number: C/E registration date/registration number: D/ F design: Product subject to design drawings: as described in attached Table 2.

B. Meanwhile, the Defendant manufactures and sells two cases listed in the separate sheet No. 1 of the same design as the registered design of the instant case (hereinafter “Defendant Products”).

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 8, 9, Eul evidence, Eul 5, the purport of the whole pleadings

2. According to the facts of the judgment on the Plaintiff’s claim for prohibition of infringement of the design right, and the drawings and shapes of the attached Tables 1 and 2, the act of manufacturing and selling the Defendant’s product to which the same design as the registered design of this case was applied constitutes an act of infringing the Plaintiff’s design right regarding the

Therefore, the Defendant is prohibited from manufacturing, transferring, lending, displaying for such purpose, importing, or exporting the Defendant’s product, and the Defendant’s head office, branch, office, factory, and warehouse are obliged to destroy finished products and half-finished products of the Defendant’s product while being kept in storage.

3. Judgment on the plaintiff's claim for damages

A. As seen earlier, the Defendant’s liability for damages was infringed upon the Plaintiff’s design right, and the Defendant is presumed to have been negligent in the above infringement (main sentence of Article 116(1) of the Design Protection Act). Thus, unless there is no counter-proof otherwise, the Defendant is liable to compensate for the damages suffered by the Plaintiff due to the infringement.

B. 1) The Plaintiff’s assertion that the Defendant is liable for damages is Nonparty G Co., Ltd. (hereinafter “G”) from 2012 to 2015.

the sale of 15,565 units was made on April 27, 2009.

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