Chapter Two - Civil Action
Sections 3 and 4 of Chapter 2 of the Code of Civil Procedure shall not apply in civil actions concerning intellectual properties.
Civil actions specified in Paragraphs 1 and 4, Article 3 of the Intellectual Property Court Act may be submitted to the jurisdiction of the Intellectual Property Court.
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.
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.
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.
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.
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.
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.
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.
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.
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.
When a party claims or defends that an intellectual property right shall be cancelled or revoked, the court shall decide based on the merit of the case, and the Code of Civil Procedure, Code of Administrative Litigation Procedure, Trademark Act, Patent Act, Species of Plants and Seedling Act, or other applicable laws concerning the stay of an action shall not apply.
Under the circumstances in the preceding paragraph, the holder of the intellectual property right shall not claim any rights during the civil action against the opposing party where the court has recognized the grounds for cancellation or revocation of the intellectual property right.
To rule on the claims or defense raised by a party pursuant to the first paragraph of the preceding article, the court may, whenever necessary, order the competent intellectual property authority to intervene in the action.
The competent intellectual property authority may intervene only to determine if there is ground for a claim or defense pursuant to the first paragraph of the preceding article, and Article 61 of the Code of Civil Procedure may apply.
When the competent intellectual property authority intervenes, the first part of Paragraph 1, Article 63, and Article 64 of the Code of Civil Procedure shall not apply.
After the competent intellectual property authority intervenes, and if the parties no longer dispute the claims or defense pursuant to the first paragraph of the preceding article, the court may revoke the order to intervene.
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.
Any appeal against a judgment rendered by the first instance court on an intellectual property case shall be lodged with the Intellectual Property Court having jurisdiction.
Unless otherwise prescribed herein, an appeal against a judgment of the second instance court regarding an intellectual property case may be filed with the third instance court.
Application and handling of an order for payment in intellectual property cases shall comply with the provisions in Chapter VI of the Code of Civil Procedure.
Where opposition is raised in due process by a debtor to an order for payment, the court that grants such order shall transfer the dossier documents to the Intellectual Property Court.
Where no action has been initiated, an application for provisional attachment, preliminary injunction, or injunction maintaining the temporary status quo shall be filed with the court where the action is to be brought; where the action has been initiated, such application shall be filed with the court where the action is pending.
An applicant seeking an injunction maintaining the temporary status quo shall provide a preliminary showing proving it is necessary to prevent material harm or imminent danger or other similar circumstances with regard to the legal relation in dispute. The court shall dismiss the application if the preliminary showing is insufficient.
When the grounds for an application for an injunction maintaining the temporary status quo are demonstrated in the preliminary showing, the court may still order the applicant to provide a bond for granting the injunction.
Before an injunction maintaining the temporary status quo is granted, the court shall accord the parties an opportunity to be heard. However, where the applicant asserts and is able to provide evidence to substantiate his assertion that there is special circumstance that shall restrict the opposing party from being notified before the injunction is issued, and the court deems such assertion appropriate, the above shall not apply.
The court may, upon motion or on its own initiative, revoke an injunction maintaining the temporary status quo where an action is not initiated within 30 days after the order is served to the applicant.
A public notice shall be given of the revocation described in the preceding paragraph, and the revocation shall become effective when the notice is published.
When the court revokes an injunction maintaining the temporary status quo because such order is not justified ab initio, or upon motion by a creditor, or due to the situation prescribed in Paragraph 5, the applicant of the injunction shall indemnify the opposing party against losses suffered.