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(영문) 서울중앙지방법원 2016.10.11 2016가합4391
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a pharmaceutical company that manufactures and sells medicines, and the Defendant is a person who operates a business called “B” for the purpose of research and development of sanctions against pharmaceutical products.

B. On September 25, 2014, the Plaintiff and the Defendant, and D’s character product, the main ingredient of which is the pre-sponsor treatment agent of the pre-sponsora (hereinafter “instant drug”) and the original drug (the first published drug), and the main ingredient content, safety, and efficacy action principle.

In relation to the contract, the Defendant entered into a contract with the effect that the right of preferential sale is granted from the Food and Drug Center (hereinafter “instant contract”) using the technology provided by the Defendant.

The main contents of the instant contract are as follows.

Article 1 (Purpose of the Contract) (1) The Plaintiff is granted the right to permit the preferential sale of contract products to be owned by the Plaintiff and the right to permit the preferential sale of contract products to be provided to “sick”, a specific company designated by the Defendant, using the contract technology and the outcome of the lawsuit by the Intellectual Property Tribunal. 2) In order to ensure that the Plaintiff is granted the right to permit the preferential sale specified in paragraph 1, the Defendant shall provide the Plaintiff with contract technology, and obtain the Plaintiff’s license for the original developer’s patent (separate 1) to which the Plaintiff and the Defendant are recognized, to prevail at the stage of the Intellectual Property Trial and Appeal Board.

Article 2 (Definition of Terms) (1) The term "contractual product" means a product produced by the Plaintiff to obtain the right of preferential sale of DNA products through a contract technology provided by the Defendant and a result of winning the Intellectual Property Tribunal. 2) The term "contractual technology" means any product related to oil, intangible products, technology, know-how, etc. that the Plaintiff provides to the Plaintiff from the legal research of the "contractual product" to the production of the production.

3. "Date of commencement of sale".

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