Intellectual Property Case Adjudication Act Article 34June 4, 2014

The provisions of Articles 8 through 15, Articles 18 and 22 shall apply mutatis mutandis to an administrative action concerning intellectual properties.

A judge handling the intellectual property civil or criminal action may participate in the relevant intellectual property administrative trial, to which Subparagraph 3, Article 19 of the Code of Administrative Litigation Proceedings shall not apply.

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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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Intellectual Property Case Adjudication Act Article 11June 4, 2014

Where any one of the following situations occurs with respect to trade secrets held by a party or a third party, the court may, upon motion along with preliminary proof by such party or third party, issue a confidentiality preservation order upon the other party, agent, assistant ad litem, or other related party to the action: "1. Contents of a party's pleadings disclose its own trade secrets or those of a third party, or evidence-taking that has been or is to be made involves trade secrets of a party or a third party. "2. Limitation on discovery or use is required so as to prevent the discovery or use of the trade secrets in the preceding paragraph being intended for purposes other than those related to the case, and there are concerns of obstruction to the party's or the third party's business operation as a result of the disclosure of the trade secrets. "The preceding paragraph does not apply where the other party, agent, assistant ad litem, or other related party has obtained or possessed such trade secrets through means other than the document review or evidence-taking prescribed in the Paragraph 1 of the preceding paragraph. "The person subject to a confidentiality preservation order shall not use the trade secrets for purposes other than those related to the case, nor shall he disclose said trade secrets to those not subject to the order.

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Intellectual Property Case Adjudication Act Article 12June 4, 2014

A motion seeking a confidentiality preservation order shall specify in writing the following: "1. The persons to be subject to the confidentiality preservation order; "2. The trade secrets to be protected by such order; and "3. The fact that conditions described in Paragraph 1 of the preceding article are met.

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Intellectual Property Case Adjudication Act Article 13June 4, 2014

A ruling granting a confidentiality preservation order shall specify the trade secrets to be protected, grounds for such protection, and content of the prohibition. "When a confidentiality preservation order is granted, such ruling shall be served to the movant and persons subject to the order. "A confidentiality preservation order shall become effective upon being served to the person subject thereto. "An appeal may be filed if a motion for a confidentiality preservation order is denied by the court.

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Intellectual Property Case Adjudication Act Article 14June 4, 2014

A person subject to a confidentiality preservation order may file a motion to revoke such order with the court at which the action is pending when the requirements specified in Paragraph 1, Article 11 are not met, or when the situation described by Paragraph 2, Article 11 occurs, or when the grounds of such order no longer exist. However, when a judgment of the principal case becomes final, the motion to revoke the confidentiality preservation order shall be made to the court that grants the order. "Movant of a motion to preserve confidentiality may file for the revocation of such order. "The ruling revoking a confidentiality preservation order shall be served to the movant and the opposing party. "An appeal may be filed against the ruling in the preceding paragraph. "A confidentiality preservation order shall become void when the ruling revoking such order becomes final. "When a ruling revoking a confidentiality preservation order becomes final, the court shall notify, in addition to the movant and the opposing party, any other persons subject to the confidentiality preservation order of the revocation of such order.

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Intellectual Property Case Adjudication Act Article 15June 4, 2014

In an action where a confidentiality preservation order has been granted, the court clerk shall immediately notify the movant of the order of any application made by anyone not subject to the order or prohibition or limitation of review for review, transcription or videotaping of the dossier documents. This does not apply if the ruling revoking the confidentiality preservation order becomes final.

Under the circumstances in the preceding paragraph, the court clerk shall not deliver the dossier documents for review, transcription, or videotaping for 14 days from the date the movant or the third party is notified. If within 14 days of notification, the movant or the third party files for a motion for a confidentiality preservation order or requests limitation on or prohibition of review, the court clerk shall not deliver the dossier documents until the ruling on such motion becomes final.

Where the movant of a confidentiality preservation order agrees to the application described in the first paragraph, the second paragraph shall not apply.

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Intellectual Property Case Adjudication Act Article 18June 4, 2014

Where no action has been initiated, a motion for preservation of evidence shall be made to the court where the action is to be brought; where the action has been initiated, such motion shall be made to the court where the action is pending.

The court may inspect, examine or preserve documentary evidence when preservation of evidence is ordered.

The court may order a Technical Examination Officer to execute his duties on site when preservation of evidence is ordered. "Where an opposing party has no grounds to refuse an order of preservation of evidence, the court may enforce such order by force, but only to the extent necessary, and may request assistance from the police to execute such order if necessary.

Where preservation of evidence may violate the trade secrets of an opposing party or a third party, the court may, upon a motion by the movant or the opposing party or third party, set limits on or prohibit the presence of the persons on the premises of the preservation of evidence, and may preserve the evidence separately, or set limits on or prohibit the review of the evidence.

Articles 11 through 15 shall apply mutatis mutandis to situations concerning violation of trade secrets described in the preceding paragraph. "When necessary, the court may execute a preservation of evidence order through the district court in the locality of the domicile of the party being interrogated, or of the place where the evidence is located. When the assigned court executes a preservation of evidence order, Paragraphs 2 through 6 shall apply.

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Intellectual Property Case Adjudication Act Article 8June 4, 2014

Before any special professional knowledge already known to the court is adopted as a ground for judgment, parties shall be accorded an opportunity to present their arguments regarding such knowledge.

The Presiding Judge or Commissioned Judge shall direct the parties to issues concerning the legal relations of the disputed matters, and shall, whenever appropriate, provide his legal opinions and disclose conviction.

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Intellectual Property Case Adjudication Act Article 9June 4, 2014

When a party's means of attack or defense involves its own trade secrets or those of a third party, the trial may be held in private upon motion of the party and approval of the court; the same applies where both parties have agreed to have a private trial.
Where litigation materials involve trade secrets, the court may refuse or otherwise allow limited reviews, transcription or videotaping of such litigation materials upon motion or on its own initiative.

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