logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 특허법원 2020.01.07 2019나1326
소유권이전등록
Text

1. Revocation of a judgment of the first instance;

2. On December 24, 2014, the Defendant issued a patent right listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant, as an internal director of a stock company C (hereinafter “C”), is a person who actually operated the said company, and holds the patent right listed in the attached Table (hereinafter “instant patent right”).

The transferor and transferee of the business license transfer contract, the plaintiff and the owner of the patent (including patent in the process of application) and the owner of the manufacturing technology enter into a contract for the transfer and acquisition of the goods business and the total sales rights with D as follows:

Article 1 (Purpose) The purpose of this Agreement is to regulate matters relating to "D" owned exclusively by C, "E", and all rights and obligations relating to the transfer of trade rights and total sales rights to the Plaintiff.

Article 2 (Business Rights and Total Sales Rights) C shall transfer to the Plaintiff the exclusive business rights and total sales rights for the manufacture and distribution of the goods of “D” and “E” to the Republic of Korea and the entire world, and in relation to this product, the Defendant shall submit to the Plaintiff the documents necessary for the transfer of the patent rights (including patents in relation to “D” and “E” and patent applications in relation to goods) and rights owned by the Defendant, together with the contract, and shall cooperate in other procedures necessary for transfer.

Article 3 (Transfer of Rights) (Transfer of Rights). (Transfer of Rights)

1.C confirms that the transfer of exclusive business rights has obtained prior approval from the Defendant, and attaching documents of prior approval to the end of this Agreement.

2. At the same time as this goodwill is transferred, C shall continuously transfer to the Plaintiff all the rights and obligations obtained by the product supplier.

3. However, the Plaintiff recognizes all the terms of the contract previously entered into by C with respect to the above product, and C shall attach relevant documents at the time of this contract.

Article 5 (Appraisal Value)

1. Both parties shall be prohibited from paying the assessed value of transfer of goodwill;

arrow