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, one copy each.

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 ventures. Furthermore, the Ministry of Civil Service's Letter No. 7430064 dated July 19, 1985,
states that the "engagement" in Article 13 of the Act refers to the act of planning and operating. In economics, it is referred to as establishing an organizational structure to continue 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 stickers for communication software created by civil servants may be used under their own names or licensed to others for remuneration (including advertising profits obtained through online platforms without actively embedded advertisements),
however, when used under their own names, they shall not involve factory production and sales, nor shall they involve agreeing with others to engage in commercial promotion and marketing under their own names; when licensed 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 the specific facts of each case.
4. The Ministry of Civil Service's email dated April 28, 2006, No. 0952640683, the email dated September 21, 2012, No. 1013646744, and previous interpretations by the Ministry that are inconsistent with the order and interpretations mentioned above shall cease to apply from July 2, 2020.
致之正常利潤，倘非涉及規度謀作之意，均非屬服務法第
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。