Survey Evidence -- Taiwan (2010-05)

Survey Evidence -- Taiwan (2010-05)

Survey can be conducted to prove likelihood of confusion, and awareness of a trademark.  However, surveys are relatively less often to be conducted in Taiwan, possibly because a survey result is rarely accepted by the courts.  Any error or flaw in the survey process, such as leading or inappropriate questions, a poor or inappropriate sample pool etc. would lead the survey result to be denied by the courts.

Of course a party does not want to submit a survey conducted by it with bad result.  However, according to Article 344 of the Taiwanese Code of Civil Procedure, a party is required to submit any documents which are created regarding matters relating to the action.  Where the content involves the business secret of a party and the resulting disclosure may result in material harm to such party, according to the same Article, the party may refuse to submit such document.

Therefore, according to the above provision of the Code of Civil Procedure, a party should automatically submit the survey report if a survey is conducted.  If a party does not submit the survey report with bad result and the other party somehow knows there exists such survey report, the other party may ask the court to order submission of such survey result.  However, the party who conducted the survey may refuse to make such submission by citing the provision of the Code of Civil Procedure and arguing that the survey report involves business secret of the party and submission of the survey report may result in material harm to the party.