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(영문) 광주지방법원 2015.08.20 2014구합11793
친환경 유기농자재 목록공시 취소처분 취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a company that engages in the business of manufacturing biochemical products. The Defendant is an institution designated by the Administrator of the Rural Development Administration as a public announcement of organic agricultural materials and quality certification institution pursuant to Article 44 of the Act on the Promotion of Environment-Friendly Agriculture and Fisheries and the Management of and Support for Organic Food, Etc.

B. The Defendant’s publication of organic agricultural materials 1) The Plaintiff’s publication of organic agricultural materials to abandoned sources is the Defendant’s trademark of “organic origin” and the soil improvement and crops growth materials produced by the Plaintiff (hereinafter “organic origin”) around July 2012.

A) Around October 11, 2012, the Defendant filed an application for disclosure of organic agricultural materials with respect to the Plaintiff, and the Defendant published the organic agricultural materials as follows (Publication No. 3-1-13). Around July 201, the publication number of the product of eco-friendly organic agricultural materials: No. 03-13 (Trademark No. 03-13): The Defendant filed an application for disclosure of the product of the product of the product of the product of the product of the product of the product of the product of the product of the product of the product of the product of the Plaintiff, compared to the Plaintiff’s agricultural products subject to application of the name of the Plaintiff for soil improvement and the name of the plant for growing crops of the product of the product of the product of the product of the product of the product of the Plaintiff: Da, Do, Do, Y, bean, Y, Y, and Y, from October 11, 2012 to October 2, 2015, the Plaintiff filed an application for disclosure No. 30-137.

Publication (Quality Certification) No. : Publication-3-5-3 Notice of Organic Agricultural Materials

1. Name of enterprise: The plaintiff;

4. Name of materials: Plant extractions;

5. Classification of materials: Materials used for controlling the harmful insects; and

6. Trademark name: Cropian; and

8. Term of validity: An institution for first public announcement, etc. on July 11, 201, from July 10 to July 10, 2016: Rural Development Administration

C. On February 26, 2014, the Defendant issued a disposition revoking publication of one abandoned source against the Defendant’s disposition revoking publication by requesting the Plaintiff to the Rural Development Administration on June 3, 2013.

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