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(영문) 광주지방법원 2014.11.05 2014고정903
특허법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant, as a boiler installation and construction company, operated E with the representative director of ASEAN; from around July 11, 2006, from the boiler manufacturing chain operated by F as an employee, the Defendant came to obtain the said G boiler technology from G to the employees; and around September 2007, the Defendant set up and operated the said G boiler installation and construction company around 2008.

From July 2009 to August 13, 2013, the Defendant, at the above E office located in Seo-gu in Gwangju, had the victim use the above physical skills of the complainant without the complainant’s permission, and infringed the complainant’s patent right by installing and constructing boiler using the technology of patent (i.e., name of invention: J.) registered with the Korean Intellectual Property Office, upon the complainant’s application without the complainant’s permission.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness K (F) ;

1. A protocol of examination of part of the prosecution concerning D;

1. A warning letter (No. 220-224 pages of investigation records), a reply (no. 225-232 pages of investigation records);

1. A certified copy of the patent register, a certified copy of trial decision, or trial decision by the Intellectual Property Tribunal;

1. The results of construction, heating system cameras;

1. Each G advertising book, E advertising book, and the closure of a screen on the website;

1. Application of each E product photograph, each Jeju-negotiable article photograph, or Lic Acts and subordinate statutes;

1. Article 225 (1) of the Patent Act relating to the relevant facts constituting an offense. Article 225 (1) of the Patent Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Grounds for conviction under Article 334(1) of the Criminal Procedure Act (Judgment on the assertion of the defendant and his/her defense counsel)

1. Claims relating to the period of patent infringement and determination thereof

A. The Defendant asserted that a criminal act infringing on the patent right of the complainant was suspended on or around August 26, 201, and the Defendant claimed “M” and filed a patent application as N in the application number around February 2009, which was rejected on November 30, 201.

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