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(영문) 부산지방법원 2019.10.02 2018가합50525
산업재산권등록절차이행청구 등
Text

1. Defendant C terminated January 24, 2019 with respect to industrial property rights listed in the separate sheet to the Plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs made an invention or creation of an industrial property right listed in the separate sheet (hereinafter “instant industrial property right”) and completed the registration of the industrial property right from the Commissioner of the Korean Intellectual Property Office.

Article 3 (Use)

1. The term "use of a patent right" in this Agreement refers to the production, sale and distribution of black booms and booms (hereinafter referred to as "products") by exclusively using F (Industrial Property Rights in this case) patent rights.

2.As to the use other than the products of paragraph 1, consultation with F separately.

Article 4 (Rent)

1. E shall pay 40% of the net profits from the sale of products as remuneration for the use of a F patent at the end of each month in cash on the 15th day of the following month;

2. The term “net profit as referred to in the preceding paragraph” means the profit obtained by deducting the manufacturing cost, height maintenance, taxes, or expenses from the monthly gross sales;

Section 8 (Term of Contract) This Agreement shall become effective for the duration of the patent from the date of conclusion thereof.

In the case of paragraph (Termination) of Article 9 (Termination) In the following cases, the F may terminate this Agreement if it notifies E of the rectification and explanatory order within a specified period and fails to take corrective action or is unclear.

1. Where E violates any of the obligations under this contract;

2. When there occurs a situation in which the continuation of business, such as provisional attachment, provisional injunction, seizure, bankruptcy, etc., is dangerous.

3. Where E fails to commence patent licensing within three months from the date of conclusion of this contract or fails to pay user fees for at least three consecutive months during the period of implementation of this contract.

B. On June 15, 2017, the Plaintiffs entered into a patent monopoly agreement with Defendant D, and the main contents are as follows.

(hereinafter “instant use contract”). C.

On November 1, 2017, the Plaintiffs entered into a contract for the transfer of rights to the industrial property right of this case with the Defendant Company (hereinafter “instant transfer contract”) and the patentee and the said industrial property right in accordance with the aforementioned transfer contract.

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