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(영문) 서울중앙지방법원 2016.12.23 2015가합544755
직무발명보상금
Text

1. The main office of this case shall be dismissed.

2. The defendant (Counterclaim plaintiff)'s counterclaim is dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. The Plaintiff’s employee joined the Defendant on January 1, 1991, and was affiliated with the “C Team”, a department that makes an invention related to the Defendant’s business from July 13, 1992 to February 16, 1995, and retired from the Defendant on July 31, 2010.

B. While the Plaintiff’s invention and the Defendant’s patent registration were affiliated with the “C Team”, the Plaintiff completed the two patented inventions as follows (hereinafter “instant patented inventions”) related to the Defendant’s business, and the Defendant filed a patent application and received registration thereafter.

1) Name of the invention 1: The date of application / the number of application / the E/F registration: The name of the invention / the name of the invention 2: The date of application / the number of application / the number of application / the name of the invention : J/K registration date / the registration number: L/ M patentee: the plaintiff and N.

C. The plaintiff and the defendant prepared the agreement between the plaintiff and the defendant in relation to the patented invention of this case as follows. Among them, the main contents of the agreement related to this case are as follows:

Details are as follows:

1) The Agreement dated November 21, 2003 (hereinafter “Agreement of 2003”)

A person shall be appointed.

1. A (Defendant) and B (Plaintiff and N) are entitled to a separate patent, including H and M, (hereinafter referred to as “subject to a separate patent”);

b. We affirm that as an employee invention under the Patent Act and subordinate statutes (including the Invention Promotion Act) made by Eul at the time of his/her employment, the patent right to the patent in question is against Gap since Eul has lawfully transferred the right to obtain a patent for each invention of the patent in question to Eul. 2. Eul has agreed to withdraw the claim for return of unjust enrichment in Seoul High Court 2002Na53164, Patent Court 2003No4610, Patent Court 2003No4610, Patent Court 2002 and the case for claim for return of unjust enrichment in Seoul District Court 2002Gahap12466 (hereinafter “case”), and Eul has signed this Agreement and withdraw the appeal.

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