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(영문) 서울북부지방법원 2015.10.08 2014가합24369
실시료 반환 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff is a company established on July 9, 2010 for the purpose of the analysis of samples, research and development of new medicine, gene-related analysis, and special analysis projects. (2) The Defendant Korea Institute of Science and Technology established by the Act on the Establishment, Operation, and Fostering of Government-Funded Science and Technology Research Institutes, Etc. to conduct research and development in the field of basic and leading technology, and dissemination of outcomes thereof.

3. Defendant B’s researchers affiliated with the Korea Institute of Science and Technology, who are:

B. The responsible researcher for the instant technology described in the subsection is the competent researcher.

B. On February 18, 2013, the Plaintiff entered into a technical implementation agreement with Defendant Korea Institute of Science and Technology (hereinafter “instant implementation agreement”) with the content that the Plaintiff would implement the same contractual technology as the attached Form as that developed by Defendant Korea Institute of Science and Technology (hereinafter “instant technology”) (hereinafter “instant implementation agreement”).

The main contents of the instant implementation contract are the definitions of terms used in this Agreement under Article 1 (Definition of Terms) as follows:

(1) "Contract Technology" means the technology listed in Appendix 1 (attached Form 1; hereinafter the same shall apply).

(2) The term "contractual products" means products and devices produced by using "contractual technology", which include the following:

However, even if two or more intellectual property rights are involved in one product, it shall be considered as one contract product.

1. In cases of producing and selling intermediate or raw materials, the intermediate or the raw materials thereof;

2. A product produced by using a process (including improved process and replaced process) if the “contractual technology” is related to the process (including the improvement of process or substitution of process);

3. The term “working” is to use a prototype produced by file slot plant, etc. (3) or produce, use, transfer, lease, import, or make an offer for transfer or lease of, or lease a prototype using a “contract technology.”

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