(영문) 특허법원 2017.04.07 2016나1721 | 리걸엔진

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(영문) 특허법원 2017.04.07 2016나1721

계약부존재확인 등

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

2. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is a patentee of the registration number O (hereinafter “N”) of the name “P” listed in the separate sheet No. 1 and Q patent (hereinafter “P”) of the name “P” listed in the separate sheet No. 2 as indicated in the separate sheet No. 2 (hereinafter “P”). Meanwhile, the Defendant was the Defendant’s original trade name “R of stock company” as of October 17, 201.

For this convenience, “Defendant” is not classified separately before and after the change of the above trade name, but only “Defendant” is “Defendant”. As to the patent of Article 1 from the Plaintiff, the period from June 1, 2012 to June 19, 2023, which is the expiration date of the remaining existence; as to the patent of Article 2, the period from June 1, 2013 to September 5, 2026, which is the expiration date of the remaining existence; each region shall be the Republic of Korea; and the other matters shall be limited to the field of cosmetics, “1. This Agreement shall be subordinate to a separate contract concluded as of September 5, 201.”

(A) Evidence No. 2, A6-1, 2). (b)

On November 3, 2009, the Plaintiff entered into the instant contract and the main contents 1) between the Defendant and G (G; hereinafter “G”) on November 3, 2009, the Plaintiff and G agreed to grant to the Defendant an exclusive license to develop, manufacture, and commercialize the goods related to microficles (Microde, extreme increase) to be used in the field of cosmetics. In return, the Defendant agreed to pay the Plaintiff 750 million won and 4% of its earnings (Article 9 and 18).

1. Granting a license: the Plaintiff shall grant the Defendant an exclusive license that can develop, manufacture and commercialize goods to be used in the field of cosmetics under the license and know-how.

Accordingly, according to the terms and conditions of this contract, the defendant can independently grant a third party the right of re-working within the scope of the exclusive license granted by the defendant under this contract.

2. Restriction of rights: the defendant.

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