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(영문) 광주지방법원 2015.05.28 2014가합56098
임시보호권침해금지청구등
Text

1. The defendant shall directly or indirectly use a third party for each variety listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff is an incorporated foundation that has a right to intellectual property, such as patents, trademarks, plant varieties, and works, developed by the U.S. Chonam University. On January 10, 2012, the Plaintiff appears to have filed an application for registration of plant variety protection (application) with respect to each of the instant plant varieties on January 10, 2012 using electronic submission methods. According to reference materials (Evidence A 39) submitted by the Plaintiff after the closing of argument, national species resources were also corrected ex officio from February 27, 2012 to January 10, 2012.

The National Seed Institute filed an application for plant variety protection for each Blue plant variety listed in the separate list (hereinafter referred to as “each plant variety of this case”) with the National Seed Institute, and filed an application on March 15, 2013.

B. The Defendant is operating the B B B B in the name of “C farm,” and is advertising each of the instant plant varieties as the instant plant variety and selling B in the name of “C farm.”

C. The plaintiff filed an application for a patent for each of the instant plant varieties in the United States and completed the registration. The filing date, the date of registration, the date of the first exclusive license contract, and the first distribution date for commercial purposes (the date of the first sale by one of the exclusive applicants of the plaintiff) are as follows:

The date of application for a plant variety is Belgium on December 7, 2007 on the commercial date of the first exclusive license agreement, the date of filing of the application for a plant variety, and on April 17, 2006 on April 18, 2006, Melela on November 18, 2005, on the date of filing of the first exclusive license agreement.

On April 8, 2015, the Plaintiff registered each of the instant plant varieties as follows (hereinafter “each of the instant plant variety rights”).

According to reference materials (Evidence A) submitted by the Plaintiff on April 8, 2015 through April 7, 2040 from April 8, 2015, 2015 to April 7, 2040, the term of a variety protection right holder under the date of filing an application for registration of a variety shall expire on May 14, 2015 with respect to a variety protection right of a Belgium variety on April 14, 2015.

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