For your information, regarding the Ministry of Civil Service Order No. 10949502621 dated July 2, 2020.

Explanation:
1. In accordance with the Ministry of Civil Service Order No. 10949502622 dated July 2, 2020,
and attached are copies of the original order and relevant attachments, each in one copy.

2. Article 13, Paragraph 1 of the Civil Service Act (hereinafter referred to as the "Act") stipulates that,
civil servants shall not engage in business or speculative enterprises. Furthermore, the Ministry of Civil Service's Letter No. 74 TAI QUAN HUA CAN ZI 30064 dated July 19, 1985 states that,
the term "engage in" in Article 13 of the Act means to plan and operate. In economics, it refers to the establishment of an organizational structure for the purpose of continuing economic activities,
which means personally participating in the processing of planned operational tasks.
3. Intellectual property rights such as patents, trademarks, and copyrights, which are based on knowledge and productivity,
are crucial tools for the state to promote economic development and enhance international competitiveness. Therefore, normal profits derived by civil servants from intellectual property based on their own knowledge and productivity,

are not within the scope of "engaging in business" as defined in Article 13 of the Act, as long as they do not involve planning and operating. Consequently, patents, copyrights, artistic works, applications, and communication software stickers created by civil servants may be used under their own names or licensed to others for remuneration (including advertising profits obtained through online platforms for sales without active embedded advertising).
However, when used under their own names, civil servants shall not establish factories for manufacturing and sales, nor shall they agree with others to engage in commercial promotion and marketing under their own names. When licensing to others, they shall not participate in subsequent commercial promotion and marketing. Trademarks may only be licensed to others for use.
Whether a civil servant is involved in planning and operating shall be determined by the competent authority based on a comprehensive assessment of the facts of each individual case.
4. The email from the Ministry of Civil Service dated April 28, 2006, subject No. 0952640683, the email dated September 21, 2012, subject No. 1013646744, and previous interpretations by the Ministry that are inconsistent with the aforementioned order shall cease to apply from July 2, 2020.
13條經營商業之範疇，爰公務員創作之專利、著作、藝術
作品、應用程式、通訊軟體貼圖，得以自己名義運用或授
權他人使用獲取報酬(包括透過網路平臺銷售而非主動嵌入
廣告所獲取之廣告利潤)，惟以自己名義運用者，不得設廠
製售、與他人約定以自己名義從事商業宣傳及行銷；授權
他人使用者，不得參與後續商業宣傳及行銷。至商標僅得
授權他人使用。又公務員是否涉及規度謀作應由權責機關
就個案事實而為綜合判斷。

四、銓敘部95年4月28日部法一字第0952640683號電子郵件、
101年9月21日部法一字第1013646744號電子郵件及該部歷
次解釋與旨揭令釋未合部分，自109年7月2日起停止適
用。