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NEW EVIDENCE INADMISSIBLE IN APPEALS TO SUPREME ADMINISTRATIVE COURT



The Code of Administrative Procedure (CAP) does not explicitly prescribe whether new facts or evidence may be introduced in an appeal to the Supreme Administrative Court. In a 2004 judg-ment in a trademark opposition case, the Su-preme Administrative Court clearly stated that it could not consider new evidence. In that case, during the original trial in the Taipei High Ad-ministrative Court, the appellant had asserted that its trademark was a famous mark, but had not produced specific evidence to support this assertion. It had introduced new facts and evi-dence on this point only during the appeal to the Supreme Administrative Court.
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