Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Patents
7.
Discovery
7.1
Is discovery available during litigation?
 
Taiwan
The discovery conducted in Taiwan IP Court proceedings is of limited scope. Nevertheless, violation of the IP Court’s stipulations on discovery may give rise to substantial legal consequences. For instance, IP Court judges have appeared more willing in recent years to sanction defendants that do not comply with an order to disclose books or commercial documents for the purpose of calculating damages. The judge can sanction such defendants by ordering that the damages be deemed in default as what the plaintiff claims.

Meanwhile, a patent owner may file a motion with the judge to obtain an evidence preservation order against any person holding evidence. By filing this motion a plaintiff may, before initiation of a lawsuit, ask the judge to visit the defendant’s or a third party’s premises and order disclosure of evidence to the necessary extent. Likewise, during the lawsuit either party may request the judge to order the opposing party or a third party to disclose evidence for the purpose of proving infringement or calculating damages. Although these orders do not have coercive force, the court may impose a sanction on a non-observant party by accepting the other party’s allegations with regard to the evidence at issue or the fact to be proved by such evidence.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
7.2
What kinds of discovery are available?
 
Taiwan
See question 7.1.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
7.3
Are there any limitations to the amount of discovery allowed?
 
Taiwan
See question 7.1.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices