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| TITLE | Supreme Court Decision 2012Da4763 Decided January 15, 2015 ¡¼Injunction against Obstruction of Business¡½ [full Text] |
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| Summary | |
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[1] In a case where, as a preliminary issue for the Plaintiff Company¡¯s request for injunction against obstruction of business by the Defendant, the question presented is whether the Plaintiff Company acquires a non-exclusive license to the patent or utility model for the employee invention registered overseas based on the patent and utility model rights registered in the Republic of Korea for an invention that the Defendant completed under his/her employment contract with the Plaintiff Company, the case holding that the courts of the Republic of Korea have the international jurisdiction on the ground that the said issue is substantively related to the Republic of Korea [2] The governing law applicable to the conflict of laws regarding an employee invention (i.e., the governing law of the employment contract under which the invention at issue was created), and whether such legal principle is likewise applicable to utility models (affirmative) |
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