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Intellectual Property Branch,Taiwan High Prosecutors Office

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  • Last updated:2020-09-12
  • Count Views:2187

BULIDING

  • Service Phone-Call: +886-2-23898582
  • Address :No.143, Yanping S. Rd., Zhongzheng District,Taipei City 100, Taiwan (R.O.C.)
  • Website: http://www.thip.moj.gov.tw/

 

Overview of Organization

Legal Basis
(1)Article 5 of the Intellectual Property Court Organization Act: The Intellectual Property Court is the counterpart to the Intellectual Property Branch of the High Prosecutors Office.
(2)The Executive Yuan, by letter dated March 28, 2008, approved establishing the Intellectual Property Branch of the High Prosecutors Office, in line with establishing the Intellectual Property Court of the Judicial Yuan on July 1, 2008

Objectives
As indicated earlier, the Intellectual Property Branch of the High Prosecutors Office was established to be the counterpart to the Intellectual Property Court by the Judicial Yuan pursuant to the Intellectual Property Court Organization Act. The organization is designed to protect intellectual property rights, appropriately handle intellectual property cases, and promote the nation’s technological and economic development.

Organization Structure

(1)Pursuant to the table attached to Article 5 of the Intellectual Property Court Organization Act, the Intellectual Property Branch of the High Prosecutors Office is to comprise the following statutory members: one Chief Prosecutor; two Head Prosecutors; 12 Prosecutors; six Prosecutor Investigators; six Clerks with grades 1 , 2 , and 3 level; and three Bailiffs, totaling 30 staff.
(2)In line with plans for the preliminary stage of establishing the Intellectual Property Court, the Intellectual Property Branch of the High Prosecutors Office consisted of the following members: one Chief Prosecutor; three Prosecutors; three Clerks with grades 1, 2 , and 3 level; and two Bailiffs, totaling 9 staff.
(3)For the time being, the actual staff of the Intellectual Property Branch consists of 12persons: three officially-appointed Prosecutors;three Prosecutors on special assignment; and two grade 1 Clerk, one grade 3 Clerk, one grade 2 Clerk on special assignment; and two Bailiffs. The office of the Chief Prosecutor is concurrently held by the Chief Prosecutor of the Taiwan High Prosecutors Office. Matters not handled by the 12 specifically assigned members of staff are handled by appropriate staff of the Taiwan High Prosecutors Office.


Main Functions

Carrying out public prosecutions
Pursuant to Subparagraph 2, Article 3 of the Intellectual Property Court Organization Act, the Intellectual Property Court has jurisdiction over appeals against judgments in the first instance by district courts under ordinary, summary or settlement criminal proceedings. When any of the cases, which are offences under Articles 253 to 255, 317 and 318 of the Criminal Code, violations of the Trademark Act or Copyright Act, or Paragraph 1, Article 35 of the Fair Trade Act concerning offences under Paragraph 1, Article 20, or Article 36 of the Fair Trade Act concerning offences under Subparagraph 5, Article 19, are being heard, the prosecutor shall appear in court to carry out the public prosecution, receive the judgment, and determine whether to file an appeal.

Handling intellectual property rights reconsideration cases
In accordance with Paragraph 2, Article 5 of the Intellectual Property Court Organization Act-modified on May 12, 2010-when various District Prosecutors Offices deal with the criminal cases which is indicated by Subparagraph 2 , Article 3 of the Intellectual Property Court Organization Act above, the supervisor is the Chief Prosecutor of the Intellectual Property Branch of the High Prosecutors Office (this comes into force on September 1, 2010).
When the complainant applies for reconsideration legally after the responsible District Prosecutors Office handles the criminal cases concerning the intellectual property cases above, issued a ruling not to prosecute or issued a deferred prosecution, such reconsideration cases would be all transferred to the jurisdiction of the Intellectual Property Branch of the Taiwan High Prosecutors Office.

Supervisory function
The Intellectual Property Branch shall supervise prosecutors of various District Prosecutors Offices in handling cases involving infringement of intellectual property rights, and coordinate relevant departments, so as to fully combat infringement of intellectual property rights.

Education and training
The Intellectual Property Branch shall organize training sessions for Prosecutors and Prosecutor Investigators handling cases involving infringement of intellectual property rights.

Legal research
The Intellectual Property Branch shall be responsible for resolving any legal issues that arise in the course of investigating and prosecuting intellectual property cases.

International exchanges
In line with the trend for globalization and internationalization in protection of intellectual property rights, the Intellectual Property Branch shall increase international cooperation, and exchange experiences with other overseas jurisdictions involving the investigation and prosecution of intellectual property crimes.

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