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(영문) 특허법원 2017.12.01 2017나1155
디자인권침해금지 등
Text

1. Of the judgment of the court of first instance, the payment order against the defendant B is ordered in excess of the amount ordered below.

Reasons

1. Basic facts

(a) The date of application 1)/ the date of registration / the registration / the registration number: The description of the design in the partitions 3) and the main points of the creation, drawings: The description in attached Form 1 and images are as follows: The owner of the design right (the first owner of the design right was G, but the transfer registration was completed in the future of the Plaintiff on May 15, 2012): The extinguishment of the right on December 8, 2016 (the extinguishment of the right on September 17, 2017) due to the payment of registration fees:

B. During the process of manufacturing and selling the partitions of the Plaintiff and the Defendants, the Plaintiff Company was a stock company established on June 24, 201, and the Plaintiff Company manufactured and sold the table for business purposes, including partitions, from around that time. (2) Defendant B engaged in timber processing tools and electronic commerce in the trade name “H” from May 7, 2007. From around September 7, 2009 to June 201, the Plaintiff Company produced and sold the partitions with the factory located in the Nam-gu Incheon Metropolitan City Council from around September 201, and from June 201 to June 201, the factory located in the Nam-gu Incheon Metropolitan City Council, and from the factory located in Gwangju Metropolitan CityJ from around June 201, the separate design (referring to “A-1 design” in the same manner as “A-1 design” as shown in attached Tables 2 and 3).

3) On August 2009, G claimed that Defendant B created and sold partitions with A-6 design identical or similar to the registered design of the instant case and infringed the registered design of the instant case, and filed a complaint against the said Defendant around August 2009. Thereafter, the Incheon District Court issued a summary order of KRW 3 million to Defendant B as a violation of the Design Protection Act on September 15, 2010 (e.g., Defendant B filed a formal trial with the said court as the above court’s order of KRW 2010,513, but the said court became final and conclusive on April 27, 2012 by declaring the conviction of KRW 2 million against the said Defendant.

(4) In addition, the Plaintiff manufactured and sold the partitions of the A-1 through A-8 design attached Form 2, which was identical or similar to the registered design of this case by Defendant B, and infringed the registered design of this case.

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