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Intellectual Property and Commercial Court


2011 Min Zhuan Kang 4

Decision No. 2011-Min-Zhuan-Kang-4
Date May 31, 2011
Decision Highlight

While a procedure for preserving evidence will not certainly be ended simply because an opposing party filed a motion to lift the preservation of evidence, nor will definitely continue simply because a movant filed a motion to investigate evidence, it is therefore deemed that whether the procedure for preserving evidence has come to an end or not should still depend upon whether such procedure has attained or otherwise has not even been able to attain the objective(s) to preserve the evidence. When there is a likelihood of losing the evidence or being hard to adopt the evidence, the procedure for preserving evidence thereof will certainly come to an end, provided that either the evidence has been investigated in accordance with the procedure for preserving evidence, or non-existence of the evidence has been found upon investigation. Regarding the evidence preservation for confirming the status quo of relevant matter or object, in the case where the objective to preserve the evidence is to help the movant to collect the evidence so as to examine the factual situation of the dispute before commencing a suit, the procedure for preserving evidence shall be ended when the court has proceeded with the procedure to certain extent so that the movant has been able to decide whether to commence a suit or not according to the status quo of the fact or object apprehended therefrom. Finally, with regard to the so-called "sufficient collection and organization of evidential materials before commencing a suit," it is said to be sufficient as soon as the collection and organization have reached an extent permissible to duly commence a suit, rather than having to reach an extent capable of judging whether the case at bar has proper ground or is groundless, and for proving whether the case at bar has proper ground or is groundless, the movant is able to proceed with the evidence-investigating procedure with respect to the matter or object affirmed among the preserved evidence after a suit being commenced.

Relevant statutes Paragraphs 1, 2 of Article 376-2 of the Code of Civil Procedure
  • Release Date:2020-11-13
  • Update:2020-12-07