logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2019.01.25 2017구합64170
사용실시의 승인신청절차 거부처분 취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Details of the disposition

The name of invention: C filing date/registration date//registration number: D/E/F patentee: An inventor of the Republic of Korea (Minister of Knowledge Economy): The scope of claims for a patent A, B, G, H, or I: as specified in attached Table 1.

However, the indication of the composition number in the attached Table 1 is written in order to explain the results of appraisal.

The Plaintiffs are two of the five inventors of the patented invention under the following (hereinafter “instant patented invention”). The patent right of the instant patented invention (hereinafter “instant patent”) was registered as a state-owned patent on February 4, 2010.

As the Government Organization Act was amended by Act No. 11690 on March 23, 2013 by the Minister of Knowledge Economy on December 28, 2010, the Commissioner of the Korean Intellectual Property Office abolished, and succeeded to some of the administrative affairs under his/her jurisdiction by the Ministry of Knowledge Economy.

A public official who had been affiliated with a Ministry receives a civil petition that “the patent of this case, which was registered as a national patent, is being executed by the competent Ministry. When a public official executes an employee invention, he/she shall use it after obtaining approval from the Commissioner of the Korean Intellectual Property Office pursuant to the Regulations on the Disposal of and Compensation for Public Officials’ Inventions, and the reasonable compensation is paid to the inventor pursuant to the above provisions after obtaining approval. As such, he/she replies to whether the patent of this case is used or not, and after obtaining approval upon filing an application for the use of a national patent, he/she shall use it.”

The Minister of Knowledge Economy means goods, etc. designated and publicly notified as requiring restrictions on export permission, etc. for international peace, safety maintenance and national security.

(Article 19 of the Foreign Trade Act). Any person who intends to export strategic items shall obtain export permission and may file an application with the defendant or the head of the administrative agency concerned to determine whether they constitute strategic items.

(Article 20). Determinations of the Foreign Trade Act, strategic materials J information system [current K] website (L) is online self-determination;

arrow