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(영문) 수원지방법원 2020.11.20 2020고정1405
디자인보호법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, from around 199 to November 2006, has been working as a person in charge of the manufacture of livestock equipment and ventilation facilities in the victim-based LAB, and the Defendant, from around December 2006, has established and operated the Livestock Product Manufacturing and Sales Co., Ltd. D around 2006.

The victim B and the victim E are the design right-holder who has registered the "G" with the Korean Intellectual Property Office on the F date as H.

No one shall produce, use, transfer, lend, export, or import an article that pertains to an identical or similar design to a registered design or make an offer to assign or lease such article (including an exhibition for transfer or lease).

A. The Defendant infringed upon the design right by an act of display, posted an advertisement to sell “livestock ventilator” of a design similar to the design registered by the victims on five occasions in the “J” magazine published by the I organization from May 2019 to September 2019, and infringed the victim’s design right.

B. Around September 18, 2019, the Defendant infringed on the design right by selling 33 designs that are similar to the design that the victims registered in the K L farm at Kim Jong-si sold to 21,000 won per unit, and around the 19th day of the same month, the Defendant sold 21,000 won total of 21,00 won per unit to the N farm located in Kimcheon-si, Kimcheon-si, thereby infringing on the design right of the victims.

2. Determination

(a) Applicable provisions of Acts to charges: Article 220 (1) of the Design Protection Act; and

(b) An offense subject to prosecution on complaint: Article 220 (2) of the Design Protection Act.

C. Revocation of complaint: On October 20, 2020, after the prosecution of this case was initiated by the representative of the victims, a statement of intent to revoke the complaint against the defendant on October 20.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 5 of the Criminal Procedure Act;

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