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(영문) 의정부지방법원 고양지원 2019.03.05 2017고단2308
특허법위반
Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

1. Defendant A is a representative director of B, the purpose of which is to manufacture and sell sports supplies and measuring instruments, and Defendant B, the purpose of which is to manufacture and sell sports supplies and measuring instruments, and export and import business.

Defendant

A A around September 2015, the Defendant manufactured the farmland zone manufactured by applying the technical components (such as but team, handbs, and ices, etc.) related to “F” (E) patent registration by the victim D Co., Ltd. in the above B Co., Ltd. in Pakistan, and sold it to G deaf-gu teams. From December 2012 to September 2015, the Defendant produced and sold the farmland zone similar to the farmland zone of the victim Co., Ltd. in the above eight times in total, as shown in the list of crimes, from around December 2012 to September 2015.

B. The Defendant Company A, a representative director, committed a violation of the Patent Act with respect to his business as described in paragraph (1).

2. The instant facts charged against the Defendants are crimes falling under Article 225(1) of the Patent Act, Articles 230 and 225(1) of the Patent Act, and may be prosecuted only upon the victim’s complaint under Article 225(2) of the Patent Act. According to the records, on December 21, 2018, after the instant indictment was instituted, a written agreement to withdraw the victim’s complaint against the Defendants was submitted to this court. Thus, the instant indictment against the Defendants is dismissed in entirety in accordance with Article 327 subparag. 5 of the Criminal Procedure Act. It is so decided as per Disposition.

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