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

Print Time:2024/04/25 10:19
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Chapter Law Content

Chapter Three - Appointment of Technical Examination and Commercial Investigation Officers
Article 16
The Intellectual Property and Commercial Court shall havea Technical Examination Officers' Office and a Commercial Investigation Officers' Office consisting of Technical Examination Officers and Commercial Investigation Officers with a recommendation rank between the 8th and 9th grade, half of whom may have a selection rankof the 10th grade. If there are two or more Officers of a respective type, then there may be a Chief Technical Examination Officer or a Chief Commercial Investigation Officer with a selection rankbetween the 10th and 11th grade.
If necessary, the Intellectual Property and Commercial Court may hire or transfer various professionals to serve as the Technical Examination Officers or Commercial Investigation Officers in the preceding paragraph in accordance with related personnel hiring laws and regulations. The rules governing such recruitment shall be prescribed by the Judicial Yuan.
The Technical Examination Officers' Office and Commercial Investigators' Office may be divided into teams if necessary. The leader of each team is concurrently assumed by the Technical Examination Officer and the Commercial Investigation Officer. Neither duties will have separate positions established.
The Technical Examination Officer and the Commercial Investigation Officer are ordered by the Judge to handle the following affairs:
1. The determination regarding the technical or commercial issues of a case, data collection, analysis, and providing opinions.
2. Other matters stipulated by the law.
Article 17
A Technical Examination Officer shall satisfy one of the criteria set forth below and possess the qualifications for the proposed appointment:
1. Has served as a Patent Examiner or Trademark Examiner over 3 years in total with a good track record and possesses proof of qualifications; or has graduated with a Master's Degree or above from a relevant department ora graduate school of a public or private university or an independent college, or a foreign institution ofhigher education recognized by the Ministry of Education, and served as a Patent Examiner or Trademark Examiner or Assistant Examiner for over 6 years in total with a good track record and possesses proof of qualifications; or has graduated with a diploma in a relevant field from a public or private college or a foreign institution of higher education recognized by the Ministry of Education, and served as a Patent Examiner or Trademark Examiner or Assistant Examiner for over 8 years in total with a good track record and possesses proof of qualifications;
2. Is or was a lecturer in a relevant department or a graduate school of a public or private university or independent college for over 6 years and an assistant professor, associate professor, or a professorin a relevant department or a graduate school of a public or private university or independent college for over 3 years in total, or a research fellow at a public or a private professional research institute for over 6 years; and has specialized publications on intellectual properties and possesses proof of qualifications.
A Commercial Investigation Officer shall satisfy one of the criteria set forth below and possess the qualifications for the proposed appointment:
1. Has held a position for over 3 years in total in the Ministry of Economic Affairs of the Executive Yuan, Financial Supervisory Commission, R.O.C., Taiwan Stock Exchange Corporation, Taipei Exchange, Taiwan Futures Exchange Corporation, Taiwan Depository & Clearing Corporation, or other equivalent units, and has a specialty in accounting, investments, financial analysis, economics, and financial markets, with good performance and proof of qualifications.
2. Has graduated with a Master's Degree or above from a relevant department or a graduate school of a public or private university or an independent college, or a foreign institution of higher education recognized by the Ministry of Education, and has held a position in the Ministry of Economic Affairs of the Executive Yuan, Financial Supervisory Commission, R.O.C., Taiwan Stock Exchange Corporation, Taipei Exchange, Taiwan Futures Exchange Corporation, Taiwan Depository & Clearing Corporation, or other equivalent units for over 2 years in total, and has a specialty in accounting, investments, financial analysis, economics, and financial markets, with good performance and proof of qualifications.
3. Is or was a lecturer in a relevant department or a graduate school of a public or private university or independent college for over 3 years in total, or an assistant professor, associate professor, or professor in a relevant department or a graduate school of a public or private university or independent college for over 2 years in total, or a research fellow at a public or a private professional research institute for over 3 years in total, and has specialized publications on accounting, investments, financial analysis, economics, or financial markets and proof of qualifications.
For a person with qualification statedin Subparagraph 1 of Paragraph 1, his or her years of service as a Patent Examiner or Trademark Examiner prior to the promulgation of the Patent Examiner Qualification Act and Trademark Examiner Qualification Act are includible.
"Good track record" in Subparagraph 1 of Paragraph 1, and Subparagraphs 1 and 2 of Paragraph 2, means a record of at least two As and one B on the merit system in the past three years, with no criminal sentence, disciplinary measure, or a demerit on the daily performance merit system, and shall be supported by documents issued by the relevant institutions.
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