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Art.8 |
Article 8 Termination and Limitation of the Status of International Depositary Authority |
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Art.8.1.a |
(1) (a) Any Contracting State or any intergovernmental industrial property organization may request the Assembly to terminate, or to limit to certain kinds of microorganisms, any authority's status of international depositary authority on the ground that the requirements specified in Article 6 have not been or are no longer complied with. However, such a request may not be made by a Contracting State or intergovernmental industrial property organization in respect of an international depositary authority for which it has made the declaration referred to in Article 7(1)(a). |
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Art.8.1.b |
(b) Before making the request under subparagraph (a), the Contracting State or the intergovernmental industrial property organization shall, through the intermediary of the Director General, notify the reasons for the proposed request to the Contracting State or the intergovernmental industrial property organization which has made the communication referred to in Article 7(1) so that that State or organization may, within six months from the date of the said notification, take appropriate action to obviate the need for making the proposed request. |
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Art.8.1.c |
(c) Where the Assembly finds that the request is well founded, it shall decide to terminate, or to limit to certain kinds of microorganisms, the status of international depositary authority of the authority referred to in subparagraph (a). The decision of the Assembly shall require that a majority of two-thirds of the votes cast be in favor of the request. |
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Art.8.2.a |
(2) (a) The Contracting State or intergovernmental industrial property organization having made the declaration referred to in Article 7(1)(a) may, by a communication addressed to the Director General, withdraw its declaration either entirely or in respect only of certain kinds of microorganisms and in any event shall do so when and to the extent that its assurances are no longer applicable. |
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Art.8.2.b |
(b) Such a communication shall, from the date provided for in the Regulations, entail, where it relates to the entire declaration, the termination of the status of international depositary authority or, where it relates only to certain kinds of microorganisms, a corresponding limitation of such status. |
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Art.8.3 |
(3) The details of the procedure under paragraphs (1) and (2) are provided in the Regulations. |
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Art.10 |
Article 10 Assembly |
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Art.10.1.a |
(1) (a) The Assembly shall consist of the Contracting States. |
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Art.10.1.b |
(b) Each Contracting State shall be represented by one delegate, who may be assisted by alternate delegates, advisors, and experts. |
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Art.10.1.c |
(c) Each intergovernmental industrial property organization shall be represented by special observers in the meetings of the Assembly and any committee and working group established by the Assembly. |
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Art.10.1.d |
(d) Any State not member of the Union which is a member of the Organization or of the International (Paris) Union for the Protection of Industrial Property and any intergovernmental organization specialized in the field of patents other than an intergovernmental industrial property organization as defined in Article 2(v) may be represented by observers in the meetings of the Assembly and, if the Assembly so decides, in the meetings of any committee or working group established by the Assembly. |
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Art.10.2.a |
(2) (a) The Assembly shall: |
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Art.10.2.a.i |
(i) deal with all matters concerning the maintenance and development of the Union and the implementation of this Treaty; |
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Art.10.2.a.ii |
(ii) exercise such rights and perform such tasks as are specially conferred upon it or assigned to it under this Treaty; |
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Art.10.2.a.iii |
(iii) give directions to the Director General concerning the preparations for revision conferences; |
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Art.10.2.a.iv |
(iv) review and approve the reports and activities of the Director General concerning the Union, and give him all necessary instructions concerning matters within the competence of the Union; |
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Art.10.2.a.v |
(v) establish such committees and working groups as it deems appropriate to facilitate the work of the Union; |
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Art.10.2.a.vi |
(vi) determine, subject to paragraph (1)(d), which States other than Contracting States, which intergovernmental organizations other than intergovernmental industrial property organizations as defined in Article 2(v) and which international non-governmental organizations shall be admitted to its meetings as observers and to what extent international depositary authorities shall be admitted to its meetings as observers; |
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Art.10.2.a.vii |
(vii) take any other appropriate action designed to further the objectives of the Union; |
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Art.10.2.a.viii |
(viii) perform such other functions as are appropriate under this Treaty. |
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Art.10.2.b |
(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. |
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Art.10.3 |
(3) A delegate may represent, and vote in the name of, one State only. |
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Art.10.4 |
(4) Each Contracting State shall have one vote. |
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Art.10.5.a |
(5) (a) One-half of the Contracting States shall constitute a quorum. |
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Art.10..5b |
(b) In the absence of the quorum, the Assembly may make decisions but, with the exception of decisions concerning its own procedure, all such decisions shall take effect only if the quorum and the required majority are attained through voting by correspondence as provided in the Regulations. |
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Art.10.6.a |
(6) (a) Subject to Articles 8(1)(c), 12(4) and 14(2)(b), the decisions of the Assembly shall require a majority of the votes cast. |
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Art.10.6.b |
(b) Abstentions shall not be considered as votes. |
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Art.10.7.a |
(7) (a) The Assembly shall meet once in every second calendar year in ordinary session upon convocation by the Director General, preferably during the same period and at the same place as the General Assembly of the Organization. |
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Art.10.7.b |
(b) The Assembly shall meet in extraordinary session upon convocation by the Director General, either on his own initiative or at the request of one-fourth of the Contracting States. |
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Art.10.8 |
(8) The Assembly shall adopt its own rules of procedure. |
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Art.11 |
Article 11 International Bureau |
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Art.11.1 |
(1) The International Bureau shall: |
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Art.11.1.i |
(i) perform the administrative tasks concerning the Union, in particular such tasks as are specifically assigned to it under this Treaty and the Regulations or by the Assembly; |
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Art.11.1.ii |
(ii) provide the secretariat of revision conferences, of the Assembly, of committees and working groups established by the Assembly, and of any other meeting convened by the Director General and dealing with matters of concern to the Union. |
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Art.11.2 |
(2) The Director General shall be the chief executive of the Union and shall represent the Union. |
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Art.11.3 |
(3) The Director General shall convene all meetings dealing with matters of concern to the Union. |
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Art.11.4.a |
(4) (a) The Director General and any staff member designated by him shall participate, without the right to vote, in all meetings of the Assembly, the committees and working groups established by the Assembly, and any other meeting convened by the Director General and dealing with matters of concern to the Union. |
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Art.11.4.b |
(b) The Director General, or a staff member designated by him, shall be ex officio secretary of the Assembly, and of the committees, working groups and other meetings referred to in subparagraph (a). |
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Art.11.5.a |
(5) (a) The Director General shall, in accordance with the directions of the Assembly, make the preparations for revision conferences. |
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Art.11.5.b |
(b) The Director General may consult with intergovernmental and international non-governmental organizations concerning the preparations for revision conferences. |
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Art.11.5.c |
(c) The Director General and persons designated by him shall take part, without the right to vote, in the discussions at revision conferences. |
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Art.11.5.d |
(d) The Director General, or a staff member designated by him, shall be ex officio secretary of any revision conference. |
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Art.12 |
Article 12 Regulations |
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Art.12.1 |
(1) The Regulations provide rules concerning: |
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Art.12.1.i |
(i) matters in respect of which this Treaty expressly refers to the Regulations or expressly provides that they are or shall be prescribed; |
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Art.12.1.ii |
(ii) any administrative requirements, matters or procedures; |
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Art.12.1.iii |
(iii) any details useful in the implementation of this Treaty. |
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Art.12.2 |
(2) The Regulations adopted at the same time as this Treaty are annexed to this Treaty. |
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Art.12.3 |
(3) The Assembly may amend the Regulations. |
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Art.12.4.a |
(4) (a) Subject to subparagraph (b), adoption of any amendment of the Regulations shall require two-thirds of the votes cast. |
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Art.12.4.b |
(b) Adoption of any amendment concerning the furnishing of samples of deposited microorganisms by the international depositary authorities shall require that no Contracting State vote against the proposed amendment. |
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Art.12.5 |
(5) In the case of conflict between the provisions of this Treaty and those of the Regulations, the provisions of this Treaty shall prevail. |
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Sect.3 |
CHAPTER III REVISION AND AMENDMENT |
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Art.13 |
Article 13 Revision of the Treaty |
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Art.13.1 |
(1) This Treaty may be revised from time to time by conferences of the Contracting States. |
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Art.13.2 |
(2) The convocation of any revision conference shall be decided by the Assembly. |
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Art.13.3 |
(3) Articles 10 and 11 may be amended either by a revision conference or according to Article 14. |
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Art.14 |
Article 14 Amendment of Certain Provisions of the Treaty |
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Art.14.1.a |
(1) (a) Proposals under this Article for the amendment of Articles 10 and 11 may be initiated by any Contracting State or by the Director General. |
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Art.14.1.b |
(b) Such proposals shall be communicated by the Director General to the Contracting States at least six months in advance of their consideration by the Assembly. |
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Art.14.2.a |
(2) (a) Amendments to the Articles referred to in paragraph (1) shall be adopted by the Assembly. |
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Art.14.2.b |
(b) Adoption of any amendment to Article 10 shall require four-fifths of the votes cast; adoption of any amendment to Article 11 shall require three-fourths of the votes cast. |
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Art.14.3.a |
(3) (a) Any amendment to the Articles referred to in paragraph (1) shall enter into force one month after written notifications of acceptance, effected in accordance with their respective constitutional processes, have been received by the Director General from three-fourths of the Contracting States members of the Assembly at the time the Assembly adopted the amendment. |
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Art.14.3.b |
(b) Any amendment to the said Articles thus accepted shall bind all the Contracting States which were Contracting States at the time the amendment was adopted by the Assembly, provided that any amendment creating financial obligations for the said Contracting States or increasing such obligations shall bind only those Contracting States which have notified their acceptance of such amendment. |
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Art.14.3.c |
(c) Any amendment which has been accepted and which has entered into force in accordance with subparagraph (a) shall bind all States which become Contracting States after the date on which the amendment was adopted by the Assembly. |
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Sect.4 |
CHAPTER IV FINAL PROVISIONS |
