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1.The IP Prosecutors Office of the Taiwan High Prosecutors Office was
inaugurated in conjunction with the establishment of the IP Court in a
simple ceremony on July 1, 2008. The IPR Office will be located at 143
Yanping S. Road, Taipei City, but will operate temporarily within the
Taiwan High Prosecutors Office until hardware and software facilities
are completed at the new location.
2. Initially, the IPR Prosecutors Office will have four prosecutors (two
are to be dispatched from the Taiwan High Prosecutors Office) and four
court clerks. The role of the IP Prosecutors Office is twofold. First,
when appeals or objections to the first instance decision of the district
court (regular judgment, summary judgment or settlement proceeding) on
cases involving (as stated in the IP Court Organization Act, Article 3,
Paragraph 2) offenses under the Criminal Code Articles 253-255 and 317-318,
as well as violations to the Trademark Act, Copyright Act, and Fair Trade
Act Article 35, Paragraph 1 (which pertains to Article 20, Paragraph 1)
and Article 36 (which pertains to Article 19, sub paragraph 5) are brought
to the IP Court, prosecutors from the IP Prosecutors Office may appear
in court for the prosecution, accept a judgment or examine whether to
proceed with prosecution. Second, the IPR Prosecutors Office may forward
an IPR case from a district prosecutor office to the Supreme High Prosecutors
Office, and coordinate IPR infringement cases from other authorities.
In facing the wave of global IPR protection, the newly established office
will make every effort to improve international cooperation and experience
exchange.
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