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(영문) 인천지방법원 2013.09.05 2012고단8806
특허법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is that the defendant is "D" representative of the spamper C in Kimpo-si, Kimpo-si, and in the case of another person's patent, the defendant shall not produce, transfer, lend, import, or subscribe for transfer or lease of, articles used exclusively for the execution of the method.

Nevertheless, between August 201 and January 201, 201, the Defendant had F from “G” for the operation of the “F located in the Seo-gu Incheon, Seo-gu, Incheon. The Defendant had F manufacture the amount equivalent to KRW 6,600,00 of the market price of Switzerland 30,000 in so far as the patentee H used the same manufacturing method as the patent (registration number I) registered with the Korean Intellectual Property Office.

Accordingly, the Defendant infringed the patent right of H.

2. The facts charged in the instant case are crimes falling under Article 2225(1) of the Patent Act and are subject to a complaint subject to prosecution pursuant to Article 225(2) of the Patent Act. Since it can be acknowledged that the complainant submitted the written withdrawal of the complaint to the Defendant on August 27, 2013, the instant indictment is dismissed pursuant to Article 327(5) of the Criminal Procedure

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