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TITLE Supreme Court Decision 2013Da41578 Decided August 20, 2014【Partition of a Co-owned Article】 [full Text]
Summary
[1] When a patent right is co-owned, whether the general provision of the Civil Act on co-ownership applies (affirmative in principle)
[2] The purpose of Article 99(2) and (4) of the Patent Act / Whether the Civil Act provision on claim for partition of co-owned articles applies to co-ownership of a patent right (affirmative), and whether partition in kind is allowed, considering the nature of patent rights (negative) / Whether the same legal principle applies likewise to design rights (affirmative)
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