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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/25 18:36
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Chapter Law Content

Chapter Two - Qualifications of Judges
Article 14
Judge of the Intellectual Property and Commercial Court shall satisfy one of the criteria set forth below to qualify for the position:
1. Has served as a judge on the Intellectual Property and Commercial Court;
2. Has served as a tenured judge or tenured prosecutor;
3. Has served in the position of judge or prosecutor and has served with a recommendation rank as a civil servant for over 8 years in total;
4. Has been substantially engaged in the practice of law as an attorney in intellectual property or commercial litigation for at least 8 years and possesses the qualifications for the proposed appointment;
5. Graduated from the department of law, political science, public administration, or its graduate school in a public or private university, or independent college, and served as a full-time professor, associate professor, or assistant professor in a university or independent college certified by the Ministry of Education for over eight years in total, teaching intellectual property rights or commercial law related courses for over five years, with the professional works related to the above-mentioned topics, and possesses the qualifications for the proposed appointment;
6. Graduated from the department of law, political science,public administration, or its graduate school of a public or private university, independent college, and has served as a distinguished research fellow, research fellow, associate research fellow, or assistant research fellow of the Academia Sinica for over eight years in total, with intellectual property rights or commercial law related specialized legal works, and possesses the qualifications for the proposed appointment;
7. Graduated from the department of law, political science,public administration, or its graduate school in a public or private university, or independent college; was in public service with a selection rank; possesses a total of over ten years' experience in the review, petition, or legal proceedings in connection with intellectual property, business management, securities transactions or management, or futures transactions or management; and has authored relevant legal works in intellectual property rights or commercial law.
The years of service in Subparagraphs 5 and 6 of the preceding paragraph may be cumulated according to the legal categories of the lectures and works.
For applicable personnel in Subparagraphs 2 and 3 of Paragraph 1, their qualifications, procedures, on-the-job training, anddetail to other agencies for special assignments shall be governed by the regulations prescribed in Article 10, Paragraph 1 of the Judges Act.
For applicable personnel in Subparagraphs 4 to 7 of Paragraph 1, the selection procedures, age limit of judges, and training and other matters shall be governed by the regulations set forth in Paragraphs 2 and 3 of Article 8 of the Judges Act.
Article 15
The reassignment and selection of the Intellectual Property and Commercial Court judges who meet the qualifications in Paragraph 1 of the preceding Article shall be based on a review of their integrity, capabilities, physical and mental status, work ethics, experience, and accomplishment in the legal profession.
The Judicial Yuan shall conduct on-the-job training for personnel of the Intellectual Property and Commercial Court every year to promote their legal professionalism and improve their judicative quality.
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