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(영문) 서울고등법원 2016.06.23 2015나2074914
저작권침해정지청구권등부존재확의소
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established on May 23, 2001 for the purpose of “development and sale of equipment for digital arts inheritance” and the Defendant is a company established on April 30, 1996 for the purpose of “computer stenography manufacture and wholesale and retail business.”

B. From June 1, 1992, the Defendant manufactured and sold “carS (CAS)’s computer stenography (hereinafter “Defendant products”) such as [Attachment 3] indication. On June 1, 2015, the Defendant completed copyright registration (registration number: C-2015-013265) with respect to the arrangement of the board (hereinafter “Defendant’s board arrangement”).

C. From February 23, 2015, the Plaintiff manufactured and sold the stenographic key for the “ZVA PRO” computer (hereinafter “Plaintiff’s product”) such as the indication [Attachment 2] from February 23, 2015.

The user may use the basic self-market arrangement of the plaintiff's product, but may use the self-market arrangement of each of the plaintiff's product through the program of this case covered by the plaintiff's product, by putting a lapping of a lapp.

In the above-mentioned doping process, the screen is shown in the display display device.

Plaintiff

Some of the users of the Plaintiff’s products use the Plaintiff’s products by organizing a self-market arrangement such as the Defendant’s self-market arrangement through the doping function as above, and the screen (which refers to the screen on which the arrangement such as the Defendant’s self-market arrangement is made after the doping has been completed) shown in the display display device during the doping process, and the process of storing it as a file upon completion of the establishment work.

On March 5, 2015, the Defendant publicized the Plaintiff on March 5, 2015 that “the act of preparing for the sale of the Plaintiff’s products by means of the same marketing as the Defendant’s copyright regarding the arrangement of the Defendant’s products constitutes an act infringing on the Defendant’s copyright, and such act is suspended.”

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