Article 1
This Statute is enacted in accordance with Article 8 of the Law of Organization of the Ministry of
Economic Affairs.
Article 2
The Intellectual Property Office under the Ministry of Economic Affairs (hereinafter referred to as
"the Office") shall be in charge of the following matters:
1.Matters in connection with research, drafting and execution of policies, laws, regulations, and
systems governing patent right, right to exclusive use of trademarks, copyright, integrated circuit
layout, trade secret and other intellectual property rights;
2. Matters in connection with the patent examination, re-examination, opposition, cancellation,
revocation and extinguishment as well as the management of patent rights;
3. Matters in connection with examination of application for trademark registration, opposition,
invalidation, cancellation and renewal cases, and administration of the right to exclusive use of
trademarks;
4. Matters in connection with copyright registration and cancellation, determination of royalty rates
for licensed use of copyrights, compulsory licensing of copyrights, and establishment approval,
assistance and guidance, and supervision of the operation of copyright intermediary organization,
inspection of copyright documentation for exporting audio-visual works and OEMCDs.;
5. Matters in connection with registration and management of integrated circuit layout;
6. Publicity of the concept of intellectual property rights, mediation, assessment and assistance in
raid action with regard to intellectual property rights infringement cases;
7. Matters in connection with information collection, gazette publishing, public reading, consulting
services, publicizing, international cooperation arrangement, information exchange and relevant
coordination, with respect to intellectual property rights and associated information; and
8. Other matters in connection with intellectual property rights.
Article 3
Under the Office, there shall be seven (7) individual operational departments and a legal affairs
division to take charge of and to carry out the duties set forth in the preceding Article respectively.
Operational sections may be set up under each department.
Article 4
The Office shall have a Secretariat to take charge of the matters in connection with research,
development and evaluation, secretarial activities, official seal control, cashier's operation, general
affairs, meeting arrangement, public relations, public service and other matters not falling under the
scope of other operational departments and division. Operational sections may be set up under the
secretariat.
Article 5
The Office shall have an Information Division to take charge of matters in connection with the
planning, development and management of information related activities. Operational sections may
be set up under this division.
Article 6
The Office shall have one (1) Director General, with ranking of Grade 13 of Selected Appointment
Official, who shall be in charge of the overall operations of the Office; and two (2) Deputy Directors
General, with ranking of Grade 12 of Selected Appointment Official, who shall assist the Director
General in the management of the operation of the Office.
Article 7
Other officials and staff personnel of the Office shall include:one(1)Chief of Staff and seven(7)
Directors, with ranking of Grade 11 of Selected Appointment Official; three(3)Researchers, with
ranking from Grade 10 through Grade 11 of Selected Appointment Official; seven(7)Deputy
Directors, with ranking of Grade10 of Selected Appointment Official; three(3)Heads of Division,
forty-one to fifty-three(41-53) Senior Patent Examiners, thirteen to fifteen(13-15)Senior
Trademark Examiners and six(6)Senior Specialists, with ranking from Grade 9 of Recommended
Appointment Official through Grade 10 of Selected Appointment Official; forty to forty-two
(40-42)Section Chiefs, with ranking of Grade 9 of Recommended Appointment Official, among
which thirteen(13)Section Chiefs shall be acted concurrently by Senior Patent Examiners or Patent
Examiners, and five(5)Section Chiefs shall be acted concurrently by Senior Trademark Examiners
or Trademark Examiners; six to eight(6-8)Secretaries, six(6)Senior Technical Specialists, one
hundred and twenty-one to one hundred and thirty-three(121-133)Patent Examiners, thirty-nine to
forty-three(39-43)Trademark Examiners, ten(10)Supervisors, and two(2)Analysts, with ranking
from Grade 8 through Grade 9 of Recommended Appointment Official, among which two(2)
Secretaries, two(2)Senior Technical Specialistsand three(3)Supervisors may be with ranking of
Grade 10 of Selected Appointment Official; eight to ten(8-10)Editors, with ranking from Grade 7
through Grade 9 of Recommended Appointment Official; twenty-eight to thirty(28-30)Specialists,
with ranking from Grade 7 through Grade 8 of Recommended Appointment Official; two hundred
and thirty-two to two hundred and thirty-four(232-234) Assistant Patent Examiners, twenty-seven
(27)Assistant Trademark Examiners, two to four(2-4)Administrators and two to four(2-4)
Programmers, with ranking from Grade 6 through Grade 8 of Recommended Appointment Official;
one hundred and seven to one hundred and eleven(107-111)Desk Officers and twenty(20)
Associate Technical Specialists, with ranking of Grade 5 of Designated Appointment Official or
with ranking from Grade 6 through Grade 7 of Recommended Appointment Official; three(3)
Assistant Programmers, three(3)Assistant Administrators and six(6)Assistant Technical
Specialists,
with ranking from Grade 4 through Grade 5 of Designated Appointment Official, among which one
(1) Assistant Programmers, one(1)Assistant Administrators and three(3)Assistant Technical
Specialists may be with ranking of Grade 6 of Recommended Appointment Official; nineteen to
twenty-one(19-21) Deputy Desk Officers, with ranking from Grade 3 through Grade 5 of
Designated Appointment Official; four to six(4-6) Junior Desk Officers, with ranking from Grade
1 through Grade 3 of Designated Appointment Official.
Senior Patent Examiners, Senior Trademark Examiners, Patent Examiners, Trademark Examiners,
Assistant Patent Examiners and Assistant Trademark Examiners as mentioned in the preceding
Paragraph shall be selected and appointed to individuals that fulfill the respective qualification
requirements as set out in the Patent Examination Officer Qualification Statute and Trademark
Examination Officer Qualification Statute.
Article 8
The Office shall have a Personnel Division headed by one Head of Division whose ranking shall be
from Grade 9 of Recommended Appointment Official through Grade 10 of Selected Appointment
Official. This Division shall handle the matters related to the personnel management. Other working
personnel required by this Division may be appointed according to the quota of appropriate
personnel as specified in this Statute.
Article 9
The Office shall have an Accounting Division headed by one Head of Division whose ranking shall
be from Grade 9 of Recommended Appointment Official through Grade 10 of Selected Appointment
Official. This Division shall handle the matters related to annual accounting, routine accounting and
statistic operations. Other working personnel required by this Division may be appointed according
to the quota of appropriate personnel as specified in this Statute.
Article 10
The Office shall have an Anti-Corruption Division headed by one Head of Division whose ranking
shall be from Grade 9 of Recommended Appointment Official through Grade 10 of Selected
Appointment Official. This Division shall handle the matters related to prevention of corruptive
conduct of the government employees of this Office. Other working personnel required by this
Division may be appointed according to the quota of appropriate personnel as specified in this
Statute.
Article 11
The Office shall have an Integrated Circuit Layout Assessment and Mediation Committee and a
Copyright Examination and Mediation Committee to handle the matters specified in Article 36 of
the Integrated Circuit Layout Protection Act and in Article 82 of the Copyright Law respectively.
The members of the two Committees set forth in the preceding Paragraph shall be retained or
engaged for part-time position by the Director-General of the Office from the representatives of
relevant government authorities, scholars and/or experts in the related fields, and/or from the
chiefs/heads of appropriate units under the Office. Other working personnel as required by those
Committees may be appointed according to the quota of appropriate personnel specified in this
Statute.
Article 12
In order to meet its operational requirements, the Office may set up different committees, with the
working personnel required to be appointed in accordance with the quota of appropriate personnel
specified in this Statute.
Article 13
In order to meet its special operational requirements, the Office may invite, with no pay, relevant
scholars and experts to act as consultants or advisors to the Office.
Article 14
The Office may, contingent upon operational requirement(s), set up branch office(s) in appropriate
district(s), with the working personnel required to be appointed in accordance with the quota of
appropriate personnel specified in this Statute.
Article 15
With regard to the personnel whose job titles and position ranks are specified respectively in Article
6 through Article 10 of this Statute, appointment of appropriate personnel to fulfill the different
organizational positions shall be considered in accordance with Article 8 of the Law for
Appointment of Public Functionaries and the provisions of relevant laws and regulations and be
effected by making reference to the applicable categories of personal specialties.
Article 16
The Office may, in order to meetits operational requirements, initiate employment of professional
personnel in accordance with the provisions of the Statute for the Employees.
Article 16-1
The employees, as stated in the preceding Article, who are in charge of patent/trademark
examination, shall fulfill the qualifications prescribed by the Executive Yuan.
Article 17
The Office may, in order to meet its requirements for patent examination, initiate employment of
scholars and experts in related fields to be part-time patent examiners.
Article 18
The implementing by-laws of the Office shall be drawn up and submitted to the Ministry of
Economic Affairs for its approval.
Article 19
The enforcement date of this Statute shall be determined by the Executive Yuan.
The revised provisions of this Statute shall become effective from the date of promulgation.