Intellectual Property Case Adjudication Act Article 10-1June 4, 2014

In trade secret infringement cases, if a party has made a preliminary showing that his/her trade secret has been or is likely to be infringed, and the other party denies such allegation, the court shall order the other party to raise a specific defense as to the reasons for the denial. "The court may, subject to the circumstances, find the preliminary showing of the infringed party true if the other party mentioned in the preceding paragraph fails without good cause to raise a defense within the prescribed time limit or to raise a specific defense. "The parties shall be accorded an opportunity to present their arguments before the judgment is rendered, under the circumstances mentioned in the preceding paragraph.

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Intellectual Property Case Adjudication Act Article 10June 4, 2014

The Court may impose a penalty not more than NT$30,000 upon a holder of a document or object for inspection who refuses to submit such document or object to the court, and the court may order such holder be subject to enforcement. "Provisions of the Compulsory Execution Act concerning mandatory submission of documents or objects for inspection shall apply mutatis mutandis to the enforcement in the preceding paragraph. "An appeal may be filed against the ruling in the first paragraph, and the penalty shall not be enforced during the appeal. "Where the court considers whether there are grounds for the holder of a document or object for inspection described in the first paragraph not to submit such document or object, it may, whenever necessary, order such holder to submit the same in a manner not open to the public. "Under the circumstances of the preceding paragraph, the court shall not order discovery of the document and object for inspection, unless such discovery is required for the court to understand the related party's opinions. "Under the circumstances of the preceding proviso, the Court shall notify the holder of the document or object before ordering discovery of such document or object. Such holder shall not disclose any object before a ruling becomes final with respect to his motion for an order to preserve confidentiality which is filed within 14 days after notification is received.

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