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(영문) 서울중앙지방법원 2015.02.13 2014가합40737
특허권전용실시권설정등록 말소등록
Text

1. As to the patent right listed in the attached list to the Plaintiff, the Defendant received on May 2, 201 from KIPO No. 2011-098057, May 2, 201.

Reasons

1. Facts of recognition;

A. A. Around February 21, 2009, health certificate Co., Ltd. (hereinafter “health certificate”) entered into a technology transfer agreement with the Defendant (former trade name: Korean EM medicine Co., Ltd.) with respect to the patent right listed in the separate sheet (hereinafter “instant patent”).

(A) The Defendant (hereinafter “instant contract”) shall develop and sell pharmaceutical products (alley disease treatment products) using the PG201 (including the instant patent) application or registration patent (including the instant patent) related to the air-conditioning agents and related technologies located in a oriental medicine complex located in a health book. To this end, the Defendant shall transfer the results of the relevant research to the Defendant, and shall grant an exclusive license for the said patent. (2) The Defendant shall pay the health book royalties to the health book by dividing them into technology introduction fees, mid-term royalties, etc. (a) the Defendant shall pay the health book KRW 200 million, and the remainder KRW 100 million shall be paid within one week after the conclusion of this contract, and the amount of KRW 100 million shall be paid within 60 billion (excluding value-added tax) within 60 billion after the conclusion of this contract, and the Defendant shall pay the remainder of the products (excluding value-added tax) within 500 million won after the commencement of the contract to the health book. (b) The Defendant shall pay the remainder of the health fee within 500 billion won.

(2) 3) A health certificate shall notify the Defendant of the performance of its obligations under this contract, such as the payment of royalties, within a reasonable period of time, and, however, may terminate this contract if the Defendant fails to perform its obligations. 4) In the event that this contract is terminated for the foregoing reason, the exclusive license for the PG201 related application or registered patent granted to the Defendant shall be returned to the health certificate immediately after the termination.

B. On November 12, 2009, the Plaintiff merged the health character with the Defendant on May 2, 201.

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