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Chapter Law Content

Title: Patent Attorney Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter Four: Disciplinary Actions
Article 25
A patent attorney with any of the following situations shall be subject to disciplinary action(s):
1. Violation of Articles 7,10 or 12;
2. Conviction of a crime in connection with business practices; and
3. Serious violation of the statute of incorporation of the Patent Attorneys Association.
The enforcement of disciplines pursuant to the provisions of the preceding paragraph expires following the lapse of three years.
The period specified in the preceding paragraph shall commence from the day the situation prescribed in paragraph 1 is complete, except where the consequence of such an act occurs at a later day, in which case the period shall commence from the day on which the consequence occurs.
Where a disciplinary action is annulled upon a decision out of an administrative appeal, administrative litigation or other remedial proceedings, thus making it necessary to render an alternative decision, the period specified in paragraph 2 above shall commence from the date on which the annulment of the original disciplinary action is withdrawn.
The period of limitation of disciplinary enforcement is interrupted if it cannot commence or if the disciplinary action cannot be executed because of natural calamity or accident or by operation of law.
Where the period of limitation of disciplinary enforcement is interrupted in pursuance of the preceding paragraph, the time that begins following the day on which the cause for such interruption ceases shall be added to the period which had elapsed prior to such interruption.
Article 26
Shall a disciplinary action be imposed on a patent attorney, the clients, parties of interest, Specific Patent Agency or Patent Attorneys Association may report all related facts and present supporting evidence of such violation to the Patent Attorney Disciplinary Committee.
Article 27
Disciplinary action imposed on a patent attorney may be any one of the following:
1. A warning;
2. A reprimand;
3. Suspension of the right to practice for a period not less than two months but no more than two years; and
4. Expulsion.
Disciplinary action in the form of a warning accumulated to three times shall be regarded as one reprimand; disciplinary action in the form of a reprimand accumulated to three times shall further be subject to the disciplinary action in suspension of the right to practice; disciplinary action in the form of suspension of the right to practice accumulated to three years shall be subject to expulsion.
Article 28
The Patent Attorney Disciplinary Committee shall, in the proceeding of a disciplinary action, notify the patent attorney whom such action is to be imposed, and direct him/her to present a response or to personally state his/her case before the Committee within twenty days; in case of failure to present a response or personally state his case before the Committee within the prescribed period, the Committee may therewith adopt a resolution based on the materials presently available.
Article 29
The Patent Attorney Disciplinary Committee shall accordingly transfer the matter to the judicial institution for investigation if it suspects, in the proceeding of the disciplinary action, that a criminal offense is involved.
Article 30
The Patent Attorney Disciplinary Committee shall publish its resolution in the Patent Gazettes and inform the Patent Attorneys Association when a disciplinary sanction imposed on a patent attorney has become final.
Article 31
The Competent Authority shall establish the Patent Attorney Disciplinary Committee to handle matters in connection with disciplinary actions imposed on patent attorneys. The organization, the rules of procedure and other rules to be observed are to be prescribed by the Competent Authority.
Article 32
Any person without a Patent Attorney License or with the Patent Attorney License revoked or repealed accepts representation or hires a patent attorney to engage in the practices prescribed in subparagraphs 1 to 4 of Article 9 for the purpose of making a profit, unless where such practices are in accordance with the laws shall be sentenced to imprisonment for no more than 3 years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of no less than four hundred thousand yuan but no more than two million yuan may be imposed.
Any person without a Patent Attorney License or with the Patent Attorney License revoked or repealed posts an advertisement or solicits businesses to engage in the practices prescribed in subparagraphs 1 to 4 of Article 9, and fails to cooperate after being ordered to cease the conduct within a specified time period or repeats the conduct after the period shall be imposed a fine of no less than one hundred thousand yuan but no more than five hundred yuan and ordered to cease the conduct again within another specified time period by the Specific Patent Agency. If such person fails to cooperate after being ordered to cease the conduct or repeats the conduct after the lapse of the period again, he/she shall be sentenced to imprisonment for no more than 1 year or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of no less than one hundred thousand yuan but no more than five hundred yuan may be imposed.
Article 32-1
A patent attorney who provides his/her Patent Attorney License and seal or the logo of his/her patent firm to any person without a Patent Attorney License to engage in the practices prescribed in Article 9 shall be sentenced to imprisonment for no more than 2 years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of no less than two hundred thousand yuan but no more than one million yuan may be imposed.
Article 33
A patent attorney who accepts representation to engage in the practices prescribed in subparagraphs 1 to 4 of Article 9, without joining the Patent Attorneys Association or being suspended to practice, is subject to a fine of no less than sixty thousand yuan but no more than three hundred thousand yuan, and an order to correct or stop his/her acts within a prescribed period; one who fails to correct or stop his/her acts within the prescribed period is subject to repeated orders to correct or stop his/her acts and sanctions for each time until his/her acts are corrected or stopped. Any person who violates Article 13 by using the title as a patent attorney without Patent Attorney License shall be imposed a fine of no less than thirty thousand yuan but no more than one hundred fifty thousand yuan and ordered to cease the conduct within a specified time period. by the Specific Patent Agency. One who fails to correct or stop his/her acts within the prescribed period is subject to repeated orders to correct or stop his/her acts and sanctions for each time until his/her acts are corrected or stopped.
The preceding paragraph shall apply as well to where any person uses the title as a patent attorney after his/her Patent Attorney License is revoked or repealed.
Article 33-1
A patent attorney who does not proceed the on-the-job training in accordance with Paragraph 1 of Article 12-1 shall be notified to correct that within 6 months by the Specific Patent Agency. One who fails to complete the correction after the lapse of the time period shall be imposed a fine of no less than sixty thousand yuan but no more than three hundred thousand yuan by the Specific Patent Agency.
Article 34
Where the Patent Attorneys Association is in violation of Paragraph 2, Article 16, said Association is subject to a fine not less than NT$10,000 but no more than NT$50,000 by the authority in charge of civil organizations.