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(영문) 인천지방법원 부천지원 2015.12.30 2014고정708
디자인보호법위반
Text

The Defendants are not guilty. The summary of the judgment against the Defendants is published.

Reasons

1. Facts charged;

A. Defendant A, a person operating a manufacturer with the trade name called “E” in Article 148 of the D Building 148 of the Kimpo-si, was produced upon request from F to September 201 for processing related to the parts of semiconductor-sprinking device from F.

From November 8, 201 to July 2, 2013, the Defendant: (a) manufactured products registered with the Korean Intellectual Property Office of Korea as G and H design; (b) K’s design registered with the J design; and (c) manufactured pin and transferred pins equivalent to KRW 12,568,860 at a market price similar to the overall aesthetic sense with the products; and (b) infringed the said F’s design right by selling them to other companies.

B. Defendant B, a person who sells semiconductor equipment and parts in the name of “N” in Mtel 311 at the time and time described in the preceding paragraph, was supplied with products manufactured by A as described in the preceding paragraph and sold them to Defendant’s business partners, such as O, P, Q and R, thereby infringing the above F’s design right.

2. Determination

A. The facts constituting an offense prosecuted in a criminal trial must be proven by the prosecutor, and the judge should be found guilty with evidence having probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it is inevitable to determine it with the benefit of the defendant.

(Supreme Court Decision 2002Do5662 delivered on December 24, 2002). On the other hand, the term "design publicly known in Korea" under Article 5 (1) 1 of the former Design Act (amended by Act No. 5354 delivered on August 22, 1997) refers to a design which has been implemented in a state in which many and unspecified people can recognize it to an unspecified number of people.

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