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Intellectual Property and Commercial Court

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2014 Min Sheng Zi No. 32

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Decision No. 2014 Min Sheng Zi No. 32
Date November 20, 2014
Decision Highlight

The fact that whether the disputed commodity infringed upon the disputed patent or not, and whether the movant was damaged from it, is related to whether the movant is entitled to the damage award against the respondent, the scope of the award, and the amount of award, which shows that the evidence the movant seeks to secure is relevant to the above facts. Regarding the end product of the disputed commodity, even though the movant provided the purchasing certification when initiating the patent infringement action, if the respondent denies and the court begins to investigate after the litigation starts, it is likely that the evidence may be destroyed or its use in court may be difficult. In addition, the requested molds, semi-finished products, orders, packing list, input and output invoices and account of the disputed commodity are necessary evidences for a patent infringement case.

These evidences can help find the truth, organize the issues and concentrate the trial, so perpetuating these evidences has legal interests. These evidences are under domination of the respondent and cannot be obtained without perpetuation, so it is necessary to perpetuate.

Keywords

It is likely that evidence may be destroyed or its use in court may be difficult, Legal interests and necessity

Relevant statutes Article 368 of the Taiwan Code of Civil Procedure
  • Release Date:2020-11-13
  • Update:2020-12-07
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