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Chapter Law Content

Title: Patent Attorney Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter Three: Professional Association
Article 16
When the number of patent attorneys registered with the Specific Patent Agency reaches 15, the patent attorneys so registered shall establish the Patent Attorneys Association.
The Patent Attorneys Association may not reject membership to qualified patent attorneys.
Article 17
The Patent Attorneys Association must be established within the administrative geographical jurisdiction of the Republic of China and where the central government is located.
Only one Patent Attorneys Association may be established.
Article 18
The Patent Attorneys Association shall elect directors and supervisors by the General Assembly and set up a Board of Directors and a Board of Supervisors.
There should not be more than 35 directory board members; the number of the supervisory board members shall not exceed one-third of the number of the directory board members; the numbers of substitute directory board members and supervisory board members shall not exceed one-third of the numbers of directory board member or supervisory board members.
Article 19
The directory board members and supervisory board members shall hold office for a term of three years, the number of re-elected board members shall not exceed one-half of the total board members; the President of the board of directors shall only be eligible for re-election once.
Article 20
The General Assembly of the Patent Attorneys Association shall convene once a year; a provisional general assembly may be convened when necessary. A provisional general assembly shall be convened upon passage of a motion by more than one-fifth of its members.
Article 21
The Patent Attorneys Association shall stipulate its statute of incorporation, which is to be submitted to and approved by the authority in charge of civil organizations, and forwarded to the Competent Authority for record. The same procedures apply when the statute of incorporation is amended.
Article 22
The statute of incorporation of the Patent Attorneys Association shall contain the following matters:
1. Name and place of Association;
2. Objectives, organization and duties;
3. Rules for enrollment and withdrawal of membership;
4. Rights and obligations of the members;
5. Numbers of directory board members, supervisory board members, substitute directory and supervisory board members, their respective terms of service, authorities and duties, and their election and removal thereof;
6. Rules of order for the General Assembly, and for the meetings of Boards of Directors and Supervisors;
7. Professional ethics abided by all members;
8. Organization of a Patent Attorney's Professional Conduct Committee and means for maintaining discipline;
9. Membership fees, budget and accounting;
10. Procedures for amending the statute of incorporation; and
11. Other matters required by other laws and regulations or necessary for the functioning of the Association.
Article 23
The Patent Attorneys Association shall report the following to the authority in charge of civil organizations and the Competent Authority:
1. Enrollment of membership, including admission of new members and withdrawal of members;
2. Results of directory and supervisory board elections, including names of elected members; and
3. Motions and resolutions reached at the General Assembly, and meetings of Boards of Directors and Supervisors.
Article 24
Where the resolutions or acts by the Patent Attorneys Association are in violation of the laws and regulations or its statute of incorporation, the authority in charge of civil organizations may impose any of the following sanctions:
1. A warning;
2. Forcible recantation of the resolution at issue;
3. Revocation of the seats of directors or supervisors; and
4. An order to re-arrange within a prescribed time.
The Competent Authority may also impose the sanctions prescribed in subparagraphs 1 and 2 of the preceding Paragraph.