Answer ... The discovery conducted in Taiwan IP and Commercial Court proceedings is of limited scope. Nevertheless, violation of the IP and Commercial Court’s stipulations on discovery may give rise to substantial legal consequences. For instance, IP and Commercial 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.

Answer ... See question 7.1.

Answer ... See question 7.1.