Paris Convention for the Protection of Industrial Property 5

Paris Convention for the Protection of Industrial Property

 

Article 13

(1) (a) The Union shall have an Assembly consisting of those countries of
the Union which are bound by Articles 13 to 17.

(b) The Government of each country shall be represented by one delegate,
who may be assisted by alternate delegates, advisors, and experts.

(c) The expenses of each delegation shall be borne by the Government which
has appointed it.

(2) (a) The Assembly shall:

(i) deal with all matters concerning the maintenance and development of
the Union and the implementation of this Convention;

(ii) give directions concerning the preparation for conferences of
revision to the International Bureau of Intellectual Property
(hereinafter designated as “the International Bureau”) referred to in
the Convention establishing the World Intellectual Property
Organization (hereinafter designated as “the Organization”), due
account being taken of any comments made by those countries of the
Union which are not bound by Articles 13 to 17;

(iii)review and approve the reports and activities of the Director General
of the Organization concerning the Union, and give him all necessary
instructions concerning matters within the competence of the Union;

(iv) elect the members of the Executive Committee of the Assembly;

(v) review and approve the reports and activities of its Executive
Committee, and give instructions to such Committee;

(vi) determine the program and adopt the triennial budget of the Union,
and approve its final accounts;

(vii) adopt the financial regulations of the Union;

(viii)establish such committees of experts and working groups as it deems
appropriate to achieve the objectives of the Union;

(ix) determine which countries not members of the Union and which
intergovernmental and international non-governmental organizations
shall be admitted to its meetings as observers;

(x) adopt amendments to Articles 13 to 17;

(xi) take any other appropriate action designed to further the objectives
of the Union;

(xii)perform such other functions as are appropriate under this
Convention;

(xiii) subject to its acceptance, exercise such rights as are given to it
in the Convention establishing the Organization.

(b) With respect to matters which are of interest also to other Unions
administered by the Organization, the Assembly shall make its decisions
after having heard the advice of the Coordination Committee of the
Organization.

(3) (a) Subject to the provisions of subparagraph (b), a delegate may
represent one country only.

(b) Countries of the Union grouped under the terms of a special agreement
in a common office possessing for each of them the character of a special
national service of industrial property as referred to in Article 12 may be
jointly represented during discussions by one of their number.

(4) (a) Each country member of the Assembly shall have one vote.

(b) One-half of the countries members of the Assembly shall constitute a
quorum.

(c) Notwithstanding the provisions of subparagraph (b), if, in any session,
the number of countries represented is less than one half but equal to or
more than one third of the countries members of the Assembly, the Assembly
may make decisions but, with the exception of decisions concerning its own
procedure, all such decisions shall take effect only if the conditions set
forth hereinafter are fulfilled. The International Bureau shall communicate
the said decisions to the countries members of the Assembly which were not
represented and shall invite them to express in writing their vote or
abstention within a period of three months from the date of the
communication. If, at the expiration of this period, the number of
countries having thus expressed their vote or abstention attains the number
of countries which was lacking for attaining the quorum in the session
itself, such decisions shall take effect provided that at the same time the
required majority still obtains.

(d) Subject to the provisions of Article 17 (2), the decisions of the
Assembly shall require two thirds of the votes cast.

(e) Abstentions shall not be considered as votes.

(5) (a) Subject to the provisions of subparagraph (b), a delegate may vote
in the name of one country only.

(b) The countries of the Union referred to in paragraph (3) (b) shall, as a
general rule, endeavor to send their own delegations to the sessions of the
Assembly. If, however, for exceptional reasons, any such country cannot
send its own delegation, it may give to the delegation of another such
country the power to vote in its name, provided that each delegation may
vote by proxy for one country only. Such power to vote shall be granted in
a document signed by the Head of State or the competent Minister.

(6) Countries of the Union not members of the Assembly shall be admitted to
the meetings of the latter as observers.

(7) (a) The Assembly shall meet once in every third calendar year in
ordinary session upon convocation by the Director General and, in the
absence of exceptional circumstances, during the same period and at the
same place as the General Assembly of the Organization.

(b) The Assembly shall meet in extraordinary session upon convocation by
the Director General, at the request of the Executive Committee or at the
request of one fourth of the countries members of the Assembly.

(8) The Assembly shall adopt its own rules of procedure.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Paris Convention for the Protection of Industrial Property, country.


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