Legislative: |
1.Promulgated and enacted in full with eight articles by Presidential Order No. 11200046821 on June 7, 2023, of the Republic of China. The effective date shall be determined by the Executive Yuan. |
Content: |
Article 1:
The Ministry of Economic Affairs establishes the Intellectual Property Office (hereinafter referred
to as "the Office") to handle matters pertaining to intellectual property rights.
Article 2:
The Office shall be in charge of the following matters:
1.Matters in connection with research, drafting and implementation of laws and regulations related
to patent rights, trademark rights, copyrights, integrated circuit layout, trade secrets and other
intellectual property rights.
2.Matters in connection with examination, re-examination, examination of an invalidation action,
management of patent rights, and management, supervision and discipline of patent agents.
3.Matters in connection with the examination of applications for registration, oppositions,
evaluations, and revocation for trademarks, certification marks, collective membership marks and
collective trademarks, as well as managing trademark rights.
4.Matters in connection with recordation of plate rights and pledge establishment of copyrights,
compulsory licensing of works with unknown economic rights owners and musical works,
mediation of copyright disputes, as well as the approval, guidance, and supervision of the
establishment of copyright collective management organizations.
5.Matters in connection with registration and management of integrated circuit layout.
6.Matters in connection with information collection, gazette publishing, consulting services,
publicizing, international cooperation arrangement, information exchange and relevant coordination,
with respect to the protection of intellectual property rights.
7.Other matters in connection with intellectual property rights.
Article 3:
The Office shall have one (1) Director General, of a rank equivalent to senior appointment at the
grade of thirteen (13); and two (2) Deputy Director Generals, of a rank equivalent to senior
appointment at the grade of twelve (12).
Article 4:
The office shall have one (1) Chief Secretary, of a rank equivalent to senior appointment at the
grade of eleven (11).
Article 5:
The Office may, in order to meet its operational requirements, initiate employment of professional
personnel for patent and trademark examination work in accordance with the provisions of the
Statute for the Employees. The qualifications for such employment shall be determined by the
Executive Yuan.
Article 6:
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 7:
The ranks, grades, and number of positions of the Office staff shall be governed by a separate
organizational chart.
Article 8:
The effective date of this Act shall be determined by the Executive Yuan by order.
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