第一條本條例依經濟部組織法第八條規定制定之。
Article 1 This Statute is enacted in accordance with Article 8 of the Law of Organization of the Ministry of Economic Affairs.
第二條經濟部智慧財產局(以下簡稱本局)掌理下列事項:
Article 2 The Intellectual Property Office under the Ministry of Economic Affairs (hereinafter referred to as "the Office") shall be in charge of the following matters:
一、專利權、商標專用權、著作權、積體電路電路布局、營業秘密及其他智慧財產權政策、法規、制度之研究、擬訂及執行事項。
1.
Matters in connection with research, drafting and execution of policies, laws, regulations, and systems governing patent right, right to exclusive use of trademarks, copyright, integrated circuit layout, trade secret and other intellectual property rights;
二、專利案件之審查、再審查、異議、舉發、撤銷、消滅及專利權之管理事項。
2.
Matters in connection with the patent examination, re-examination, opposition, cancellation, revocation and extinguishment as well as the management of patent rights;
三、商標申請註冊、異議、評定、撤銷、延展案件之審查及商標專用權之管理事項。
3.
Matters in connection with examination of application for trademark registration, opposition, invalidation, cancellation and renewal cases, and administration of the right to exclusive use of trademarks;
四、製版權登記、撤銷、使用報酬率之訂定、強制授權之許可、著作權仲介團體之設立許可、輔導與監督、出口視聽著作及代工雷射唱片著作權文件之核驗事項。
4.
Matters in connection with copyright registration and cancellation, determination of royalty rates for licensed use of copyrights, compulsory licensing of copyrights, and establishment approval, assistance and guidance, and supervision of the operation of copyright intermediary organization, inspection of copyright documentation for exporting audio-visual works and OEMCDs.;
六、智慧財產權觀念之宣導、侵害智慧財產權案件之調解、鑑定及協助取締事項。
6.
Publicity of the concept of intellectual property rights, mediation, assessment and assistance in raid action with regard to intellectual property rights infringement cases;
八、其他與智慧財產權有關之事項。
8.
Other matters in connection with intellectual property rights.
第三條本局設七組及法務室,分別掌理前條所列事項,並得分科辦事。
Article 3 Under the Office, there shall be seven (7) individual operational departments and a legal affairs division to take charge of and to carry out the duties set forth in the preceding Article respectively.
Operational sections may be set up under each department.
第四條本局設秘書室,掌理研考、文書、印信、出納、庶務、議事、公共關係、為民服務及其他不屬於各組、室事項,並得分科辦事。
Article 4 The Office shall have a Secretariat to take charge of the matters in connection with research, development and evaluation, secretarial activities, official seal control, cashier′s operation, general affairs, meeting arrangement, public relations, public service and other matters not falling under the scope of other operational departments and division.
Operational sections may be set up under the secretariat.
第五條本局設資訊室,掌理有關資訊業務之規劃、開發及管理事項,並得分科辦事。
Article 5 The Office shall have an Information Division to take charge of matters in connection with the planning, development and management of information related activities.
Operational sections may be set up under this division.
第六條本局置局長一人,職務列簡任第十三職等,綜理局務;副局長二人,職務列簡任第十二職等,襄理局務。
Article 6 The Office shall have one (1) Director General, with ranking of Grade 13 of Selected Appointment Official, who shall be in charge of the overall operations of the Office; and two (2) Deputy Directors General, with ranking of Grade 12 of Selected Appointment Official, who shall assist the Director General in the management of the operation of the Office.
第七條本局置
Article 7 Other officials and staff personnel of the Office shall include:
前項專利高級審查官、商標高級審查官、專利審查官、商標審查官、專利助理審查官、商標助理審查官,應就合於專利審查官資格條例或商標審查官資格條例規定資格者任用之。
Senior Patent Examiners, Senior Trademark Examiners, Patent Examiners,Trademark Examiners, Assistant Patent Examiners and Assistant Trademark Examiners as mentioned in the preceding Paragraph shall be selected and appointed to individuals that fulfill the respective qualification requirements as set out in the Patent Examination Officer Qualification Statute and Trademark Examination Officer Qualification Statute.
第八條本局設人事室,置主任一人,職務列薦任第九職等至簡任第十職等,依法辦理人事管理事項;
Article 8 The Office shall have a Personnel Division headed by one Head of Division whose ranking shall be from Grade 9 of Recommended Appointment Official through Grade 10 of Selected Appointment Official.
This Division shall handle the matters related to the personnel management.
其餘所需工作人員,就本條例所定員額內派充之。
Other working personnel required by this Division may be appointed according to the quota of appropriate personnel as specified in this Statute.
第九條本局設會計室,置會計主任一人,職務列薦任第九職等至簡任第十職等,依法辦理歲計、會計及統計事項;其餘所需工作人員,就本條例所定員額內派充之。
Article 9 The Office shall have an Accounting Division headed by one Head of Division whose ranking shall be from Grade 9 of Recommended Appointment Official through Grade 10 of Selected Appointment Official.
This Division shall handle the matters related to annual accounting, routine accounting and statistic operations.
Other working personnel required by this Division may be appointed according to the quota of appropriate personnel as specified in this Statute.
第十條本局設政風室,置主任一人,職務列薦任第九職等至簡任第十職等,依法辦理政風事項;其餘所需工作人員,就本條例所定員額內派充之。
Article 10 The Office shall have an Anti-Corruption Division headed by one Head of Division whose ranking shall be from Grade 9 of Recommended Appointment Official through Grade 10 of Selected Appointment Official.
This Division shall handle the matters related to prevention of corruptive conduct of the government employees of this Office.
Other working personnel required by this Division may be appointed according to the quota of appropriate personnel as specified in this Statute.
第十一條本局設電路布局權鑑定暨調解委員會、著作權審議及調解委員會,分別處理積體電路電路布局保護法第三十六條及著作權法第八十二條所定事宜。
Article 11 The Office shall have an Integrated Circuit Layout Assessment and Mediation Committee and a Copyright Examination and Mediation Committee to handle the matters specified in Article 36 of the Integrated Circuit Layout Protection Act and in Article 82 of the Copyright Law respectively.
前項委員會之委員,由局長聘任有關機關代表、學者專家及本機關業務有關單位主管兼任之;所需工作人員,就本條例所定員額內派充之。
The members of the two Committees set forth in the preceding Paragraph shall be retained or engaged for part-time position by the Director-General of the Office from the representatives of relevant government authorities, scholars and/or experts in the relating fields, and/or from the chiefs/heads of appropriate units under the Office.
Other working personnel as required by those Committees may be appointed according to the quota of appropriate personnel specified in this Statute.
第十二條本局為應業務需要,得設各種委員會;所需工作人員,就本條例所定員額內調用之。
Article 12 In order to meet its operational requirements, the Office may set up different committees, with the working personnel required to be appointed in accordance with the quota of appropriate personnel specified in this Statute.
第十三條本局為應業務特殊需要,得聘請學者、專家為顧問,均為無給職。
Article 13 In order to meet its special operational requirements, the Office may invite, with no pay, relevant scholars and experts to act as consultants or advisors to the Office.
第十四條本局視業務需要,得於適當地區設分支機構;所需工作人員,就本條例所定員額內派充之。
Article 14 The Office may, contingent upon operational requirement(s), set up branch office(s) in appropriate district(s), with the working personnel required to be appointed in accordance with the quota of appropriate personnel specified in this Statute.
第十五條第六條至第十條所定列有官等、職等人員,其職務所適用之職系,依公務人員任用法第八條及相關法律之規定,就有關職系選用之。
Article 15 With regard to the personnel whose job titles and position ranks are specified respectively in Article 6 through Article 10 of this Statute, appointment of appropriate personnel to fulfill the different organizational positions shall be considered in accordance with Article 8 of the Law for Appointment of Public Functionaries and the provisions of relevant laws and regulations and be effected by making reference to the applicable categories of personal specialties.