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Ministry of Economic Affairs R.O.C.(Taiwan)
Laws and Regulations Retrieving System

Print Time:113.12.05 03:17

Content

Title: Act of the Organization of Intellectual Property Office, Ministry of Economic Affairs Ch
Date: 2011.12.28
Legislative: 1. Entry into force January 26, 1999 as published by the Executive Yuan
pursuant to Directive Ref. No. Tai-87-Ching-60938
2. On February 2, 2000, the amended provision of Article 19 and the enactment
of Article 16-1 were promulgated by the President.
3. On July 17, 2002, the amended provisions of Article 2, Article 7, Article 16
and Article 17 were promulgated by the President.
4. On December 28, 2011, the amended provisions of Article 7, Article 16 and
Article 17 were promulgated by the President.
Content:

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 includeone1Chief of Staff and seven7

Directors, with ranking of Grade 11 of Selected Appointment Official; three3Researchers, with

ranking from Grade 10 through Grade 11 of Selected Appointment Official; seven7Deputy

Directors, with ranking of Grade10 of Selected Appointment Official; three3Heads of Division,

forty-one to fifty-three41-53 Senior Patent Examiners, thirteen to fifteen13-15Senior

Trademark Examiners and six6Senior Specialists, with ranking from Grade 9 of Recommended

Appointment Official through Grade 10 of Selected Appointment Official; forty to forty-two

40-42Section Chiefs, with ranking of Grade 9 of Recommended Appointment Official, among

which thirteen13Section Chiefs shall be acted concurrently by Senior Patent Examiners or Patent

Examiners, and five5Section Chiefs shall be acted concurrently by Senior Trademark Examiners

or Trademark Examiners; six to eight6-8Secretaries, six6Senior Technical Specialists, one

hundred and twenty-one to one hundred and thirty-three121-133Patent Examiners, thirty-nine to

forty-three39-43Trademark Examiners, ten10Supervisors, and two2Analysts, with ranking

from Grade 8 through Grade 9 of Recommended Appointment Official, among which two2

Secretaries, two2Senior Technical Specialistsand three3Supervisors may be with ranking of

Grade 10 of Selected Appointment Official; eight to ten8-10Editors, with ranking from Grade 7

through Grade 9 of Recommended Appointment Official; twenty-eight to thirty28-30Specialists,

with ranking from Grade 7 through Grade 8 of Recommended Appointment Official; two hundred

and thirty-two to two hundred and thirty-four232-234 Assistant Patent Examiners, twenty-seven

27Assistant Trademark Examiners, two to four2-4Administrators and two to four2-4

Programmers, with ranking from Grade 6 through Grade 8 of Recommended Appointment Official;

one hundred and seven to one hundred and eleven107-111Desk Officers and twenty20

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; three3

Assistant Programmers, three3Assistant Administrators and six6Assistant Technical

Specialists,

with ranking from Grade 4 through Grade 5 of Designated Appointment Official, among which one

(1) Assistant Programmers, one1Assistant Administrators and three3Assistant Technical

Specialists may be with ranking of Grade 6 of Recommended Appointment Official; nineteen to

twenty-one19-21 Deputy Desk Officers, with ranking from Grade 3 through Grade 5 of

Designated Appointment Official; four to six4-6 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.

Data Source:Ministry of Economic Affairs R.O.C.(Taiwan) Laws and Regulations Retrieving System