(Basis of Law)
These Regulations are enacted pursuant to Paragraph 3, Article 15 of the Intellectual Property Court Organization Act (hereinafter referred to as the “Act”).
(Definition of Transfer; Source)
For purpose of the Regulations, transfer means to transfer a current employee with relevant technical specialty working at other government office, private or public college/university, research institution, or private or state-owned enterprise/organization to act as a technical examination officer of the Intellectual Property Court.
The term “current employee” referred to in the preceding paragraph shall not be a person engaged or employed by an entity pursuant to the Personnel Employment Act, the Civil Service Regulations on Absence from a Position without Pay, the Contract Personnel Employment Regulations of the Executive Yuan and its Subordination Organizations, the Directions on Duty Agents of Various Organizations, or other similar regulations established internally by an organization and approved for engagement or employment by its superior organization.
Any person who meets any of the following qualifications may be transferred to act as the technical examination officer:
1.Current or former patent examiner or trademark examiner with over three years of service in total with good track record;
2.Current or former patent or trademark examiner or assistant examiner with over six years of service in total with good track record, who graduated with a Master’s Degree or above from a graduate school of a public or accredited private university, or an independent college, or a foreign university or independent institute recognized by the Ministry of Education;
3.Current or former patent or trademark examiner or assistant examiner with over eight years of service in total with good track record, who graduated with a diploma in a relevant field from a public or accredited private college or a foreign college or higher level of educational institution recognized by the Ministry of Education;
4.Current or former lecturer in a relevant program of a public or accredited private university, or an independent college with over six years of service in total, or an assistant professor, associate professor or professor for over 3 years in total, who has specialized publications on intellectual properties with proof; or
5.Current or former researcher, associate researcher or assistant researcher of a public or private professional research institution with over six years of service in total, or someone who has specialized talent in special technology or technological development that is not often seen in or outside the country, and who has specialized publications on intellectual properties with proof.
With respect to the qualification of a technical examination officer referred to in subparagraphs 1 to 3 of the preceding paragraph, the seniority as a patent/trademark examiner prior to the promulgation of the Statutes on Patent Examiners and Statutes on Trademark Examiners may be regarded and counted toward the seniority as the technical examination officer described in the first paragraph.
“Good track record” in subparagraphs 1 to 3 of the first paragraph shall mean a record of at least two As and one B on the merit system in the past three years, with no criminal sentence, corrective measure or a demerit on the daily performance merit system, and shall be supported by documents issued by the relevant institutions..
The relevant program, department, institute, and professional research institution in the subparagraphs of the first paragraph shall mean electrical engineering, machinery, electronics, chemistry, physics, information technology, medicine, biology, civil engineering, mining, food and other relevant fields.
For transfer of technical examination officers, the transfer period shall not exceed two years and may be extended for an additional year if necessary.
Upon expiration of the transfer period in the preceding paragraph and transferring back to the original organization, the person may not be transferred again within the next two years.
(Evaluation, Business Leave and Duty of Transferred Staff)
During the transfer period, regular performance evaluations as well as business and personal leave of the transferred technical examination officers shall be handled by the Intellectual Property Court. The regular performance evaluations and information relating to business and personal leaves as well as attendance and absence shall be forwarded to the officer’s original organization at the end of each year or upon expiration of the transfer period, and transferring back to the original organization to be used as reference for rewarding commendations or disciplinary action and merit evaluation. In the occurrence of specific merit or demerit, actions may be taken at any time by following the above procedure ex officio.
(Performance Evaluation, Promotion, Retirement and Payment of Compensation of Transferred Staff)
Performance evaluation and promotion of transferred technical examination officers subject to performance evaluation shall be handled by their original organization in accordance with relevant regulations.
For technical examination officers transferred on the basis of leave of absence without pay, their business and personal leave, retirement, payment of compensation, insurance and benefits shall be handled in accordance with relevant laws and regulations.
(Payment of Salary)
The payment of salary to the transferred technical examination officers during the transfer period shall be made according to the following:
1.Where the Civil Service Regulations on Absence from a Position Without Pay shall apply or be applicable mutatis mutandis, salary payable to those meeting the appointment requirements of technical examination officers who are absent from their position without pay at their original organization shall be paid by the Intellectual Property Court in the amount applicable to the corresponding grade of technical examination officer.
2.Where the Civil Service Regulations on Absence from a Position Without Pay shall apply or be applicable mutatis mutandis, salary payable to those who are not absent from their position without pay at their original organization shall be paid by their original organization.
3.For transferred staff other than those described in the preceding two paragraphs, their salary shall be paid by their original organization or by the Intellectual Property Court in accordance with the Regulations Governing Selection and Appointment of Technical Examination Officers of Intellectual Property Court.
(Regular Review of Eligibility)
The Intellectual Property Court shall annually review the eligibility of transferred technical examination officers and transfer any officer back to his/her original organization if he/she is found ineligible or his/her transfer is no longer required.
Matters not provided for in these Regulations shall be governed by other applicable laws and regulations.
These Regulations shall come into effect as of the date the Act comes into effect.