This Act is enacted to protect intellectual property rights, optimize the commercial environment, properly handle intellectual property and commercial cases, and further the nation's technological and economic development.

The Intellectual Property and Commercial Court is in charge of the following affairs in accordance with the law:
1. Civil, criminal, and administrative actions concerning intellectual property.
2. Civil actions and non-litigation matters concerning commerce.

Jurisdiction of the Intellectual Property and Commercial Court includes the following:
1. First instance and second instance civil actions for the protection of intellectual property rights and interests arising under the Patent Act, the Trademark Act, the Copyright Act, the Optical Disk Act, the Trade Secrets Act, the Integrated Circuit Layout Protection Act, the Plant Variety and Plant Seed Act, or the Fair Trade Act as well as commercial actions under the Commercial Case Adjudication Act.
2. Offenses under Articles 253, 254, 317, and 318 of the Criminal Code, violation of the Trademark Act, the Copyright Act, and cases under Articles 72 to 74 of the Intellectual Property Case Adjudication Act, and appeals or interlocutory appeals against the decisions on criminal actions rendered by district courts in the first instance in an ordinary, summary, or plea bargain proceeding; first instance criminal actions under Article 13-1, 13-2, Paragraph 3 of Article 13-3 and Article 13-4 of the Trade Secrets Act; second instance criminal actions under the Trade Secrets Act; first instance criminal actions under Paragraphs 1 to 3 of Article 8 of the National Security Act. Criminal actions involving juveniles shall be excluded.
3. First instance administrative actions and compulsory enforcement matters concerning intellectual property rights arising under the Patent Act, the Trademark Act, the Copyright Act, the Copyright Collective Management Organization Act, the Optical Disk Act, the Integrated Circuit Layout Protection Act, the Plant Variety and Plant Seed Act, or the Fair Trade Act.
4. Other cases prescribed by law or determined by the Judicial Yuan to be within the jurisdiction of the Intellectual Property and Commercial Court.

The location of the Intellectual Property and Commercial Court shall be prescribed by the Judicial Yuan.
The Judicial Yuan may set up additional branches of the Intellectual Property and Commercial Court based on geographic need and the caseload.

The Taiwan High Prosecutors Office, Intellectual Property Branch shall be set up as the corresponding authoritiesof the Intellectual Property and Commercial Court; the type and the required number of personnel thereof shall be in accordance with the Schedule.
Prosecutors of the Prosecutors Office of district courts and branches thereof handle criminal cases prescribed in Subparagraphs 2 and 4 of Article 3; the Chief Prosecutor of the immediately supervising Prosecutors Officeshall be the Chief Prosecutor of the Taiwan High Prosecutors Office, Intellectual Property Branch.

• Taiwan High Prosecutors Office Intellectual Property Branch Number of Personnel List.pdf
• Taiwan High Prosecutors Office Intellectual Property Branch Number of Personnel List.doc

The Intellectual Property and Commercial Court cases shall be tried by a collegial panel of three judges. However, the following cases shall be tried by a single judge:
1. First instance civil action about intellectual property;
2. First instance criminal case under Articles 13-1, Article 13-2, Paragraph 3 of Article 13-3 and Article 13-4 of the Trade Secrets Act applicable for summary trials, summary proceedings or plea bargain proceedings;
3. Cases that involve facts of the same offense as those under the preceding paragraph or are related to such offense as defined in Paragraph 1 of Article 7 of the Code of Criminal Procedure, being prosecuted or jointly prosecuted under summary trials, summary proceedings or plea bargain proceedings;
4. Supplementary civil action applicable for summary proceedings described in the two preceding paragraphs.
In a collegial panel, the Division Chief Judge shall serve as the Presiding Judge; if there is no Division Chief Judge or if the Division Chief Judge is not available, the most senior judge, or the eldest if the judges are of the same seniority, shall act as the Presiding Judge.
In a single-judge trial, the sitting judge performs the duties of the Presiding Judge.

The type and the required number of personnel of the Intellectual Property and Commercial Court or itsbranch shall be determined in accordance with the Schedule.
The rules governing the types and changes concerning the Intellectual Property and Commercial Court or itsbranch shall beprescribed by the Judicial Yuan.

• Personnel List for the Intellectual Property and Commercial Court and Branches.pdf
• Personnel List for the Intellectual Property and Commercial Court and Branches.doc

The Intellectual Property and Commercial Court shall have one President, served by a judge concurrently, to handle the overall administrative affairs.
The President of the Intellectual Property and Commercial Court shall have the qualification and leadership of a Supreme Court Judge, Supreme Administrative Court Judge, or Prosecutor of the Supreme Prosecutors Office.

The Intellectual Property and Commercial Court shall establish Intellectual Property Courts and Commercial Courts. The number of such divisions is determined by the caseload.
Each division shall have one Division Chief Judge, to be served concurrently either by the judge who serves as the President on a concurrent basis or by any of the rest of the judges. The Division Chief Judge shall oversee the divisional affairs.

The Intellectual Property and Commercial Court shall have judges and judges-in-probation.
To assist with the management of trial proceedings, clarification of issues, conducting legal research, performing analysis and drafting of judgments, the Judicial Yuan, when necessary, may transfer judges-in-probation or judges-in-training from the District Court or a branch thereof to the Intellectual Property and Commercial Court.
The years that a judge-in-probation or judge-in-training has served during transfer to the Intellectual Property and Commercial Court shall be counted towards his or her years of service.
The Intellectual Property and Commercial Court shall have Judicial Assistants. A Judicial Assistant is to be contracted in accordance with the applicable laws or transferred from other courts, administrative courts, or other appropriate agencies. A Judicial Assistant supports a Judge in the management of trial proceedings, clarification of issues, conducting legal research, and performing analysis.
For those who have been admitted to the profession and contracted as a Judicial Assistant, their service years as a Judicial Assistant shall be counted towards their cumulative years of service.
The rules governing the personnel selection, training, affairs, management, performance review, and other matters concerning Judicial Assistants shall be prescribed by the Judicial Yuan.

The Intellectual Property and Commercial Court may set up an enforcement department, where a judge or judicialaffairsofficer may administer enforcement matters for intellectual property cases, or request the civil enforcement department of an ordinary court or an administrative agency to administer enforcement matters on its behalf.

The Intellectual Property and Commercial Court shall set up a Public Defender's Office. The Public Defender shall have selection rank of the 10th and the 11th grade, or recommendation rank of the 9th grade. If there are two or more Public Defenders, the position of there may be a Director of Public Defenders, who shall be staffed by a Public Defender with a position ranking of grade 10 to 12 of the selection rank.
The Public Defender mentioned in the preceding paragraph may be promoted to a selection rank up to the 12th grade if he or she is confirmed upon review to have served continuously for four years or greater with outstanding performance or if he or she has been promoted pursuant to Paragraphs 2 or 3, Article 17 of the Court Organization Act or Paragraphs 2 or 3, Article 11 of the Juvenile and Family Court Organization Act.
Years of service on the Intellectual Property and Commercial Court above and those on the High Court or a High Court branch shall be counted cumulatively.
The rules governing the review in Paragraph 2 shall be prescribed by the Judicial Yuan.
For those who have the qualifications to practice law, the duration of time serving as Public Defenders shall accrue towards the seniority of legal practice.

The Intellectual Property and Commercial Court shall set up an Office of the Judicial Affairs Officers. The Judicial Affairs Officer shall have recommendation rank between the 7th and 9th grade. If there are two or more Judicial Affairs Officers, the position of there may be a Director of Judicial Affairs Officers, who shall be staffed by a Judicial Affairs Officer with a recommendation rank of the 9th grade to selection rank of the 10th grade.
For those who have the qualifications to practice law, the duration of time serving as Judicial Affairs Officers shall accrue towards the seniority of legal practice.