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(영문) 서울북부지방법원 2014.12.23 2014가합5566
특허권이전등록절차이행
Text

1. The Defendant’s patent right stated in the separate sheet is based on the transfer agreement dated May 29, 2013 with respect to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a patent application for the invention whose name is “D” with the Korean Intellectual Property Office, and was registered with the Korean Intellectual Property Office as to the patent right indicated in the separate sheet (hereinafter “instant patent right”).

B. On May 29, 2013, the Plaintiff entered into a temporary patent ownership transfer agreement with the Defendant on the instant patent (hereinafter “instant contract”) with the F’s proposal on May 29, 2013, and implemented the procedure for patent ownership transfer registration to the Defendant on the same day. The main contents of the instant contract are as follows.

The above B(A) and A(B) shall enter into a contract with a time-period provided that the temporary patent ownership transfer agreement satisfies the terms and conditions set forth below on mutual trust.

1.Contents A shall be transferred to B on a temporary basis, subject to the conditions of paragraph 2.

2. Conditions (1) Patent rights shall be transferred in the name of the Korea Technology Finance Corporation, the Korea Technology Finance Corporation, other governmental funds, or corporations and individuals immediately after the completion of the inducement of investments.

3.The term of this contract shall have the effect of one year from the date of its conclusion, and shall not exceed one year from the date of its conclusion.

In addition, when it is judged that B and A are expected that serious failure of promise between them or infringement of A's property rights to patent G, A may reverse this contract, and immediately B is responsible for restoring the above patent to A's name.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 8 (including virtual numbers), and the purport of the whole pleadings

2. According to the above facts of determination, the instant contract became null and void one year after May 29, 2013, which was the date of conclusion of the contract, and accordingly, the Defendant is obligated to implement the procedure for registration of transfer of ownership to the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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