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, Trademark Act, Copyright Act, Optical Disk Act, Trade Secret Act, Integrated Circuit Layout Protection Act, Plant Variety and Plant Seed Act, or Fair Trade Act as well as commercial actions under the jurisdiction of the Commercial Court in accordance with the Commercial ProcedureAct.
2. Offenses under Articles 253 to 255, 317, and 318 of the Criminal Code, violation of the Trademark Act, Copyright Act, Trade Secrets Act, and cases under Paragraph 1, Article 35 and Paragraph 1, Article 36 of the Intellectual Property Case Adjudication Act, and appeals or interlocutory appealsagainst the decisions on criminal actions rendered by district courts in the first instance in an ordinary, summary, or plea bargain proceeding. 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, Trademark Act, Copyright Act, Optical Disk Act,Integrated Circuit Layout Protection Act, Plant Variety, and Plant Seed Act, or 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

First-instance civil action in the Intellectual Property and Commercial Courtshall be tried by a singlejudge, while other actions shall be tried by a collegial panel of three judges.
In a collegial panel, the Division Chief Judge shall serve asthe 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 performsthe duties ofthe 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 selectone Division Chief Judge form its judges concurrently, to oversee its divisional affairs.

There shall be judges and judge-on-probation of the Intellectual Property and Commercial Court; each handles trial related affairs concerning intellectual property cases or commercial incidents according to the category ofhis or her reappointment or selection.
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 judge-on-probation or judge-in-trainingfrom the District Court or a branch thereof to the Intellectual Property and Commercial Court.
The years that a judge-on-probation or judge-in-training has served during transfer to the Intellectual Property and Commercial Court shall be counted towards his or heryears 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 towardstheircumulative years of service.
The rules governing the personnel selection, training, affairs, management, performance review, and other matters concerning Judicial Assistants shall beprescribed 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. ThePublic Defender shall have selection rankof the 10th and the 11th grade, or recommendation rank of the 9th grade. If there are two or more Public Defenders, the Intellectual Property and Commercial Court shall select one of the Public Defenders with a selection rank between the 10th and the 12th grade to be the Chief Public Defender.
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.

The Intellectual Property and Commercial Court shall set up a Judicial Affairs Office.The Judicial Affairs Officer shall havea recommendation rank between the 7th and 9th grade. If there are two or more Judicial Affairs Officers, the Intellectual Property and Commercial Court shall select one of the Judicial Affairs Officers with a recommendation rank of the 9th grade or selection rank of the 10th grade to be the Chief Judicial Affairs Officer.
The years of serving as a judicial affairs officer possessing the qualifications of practicing as a lawyer shall be counted towards his or heryears of practice as a lawyer.