Patent cooperation treaty:Article 54 Executive Committee

Patent cooperation treaty

Article 54 Executive Committee

Geldend

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1.

When the Assembly has established an Executive Committee, that Committee shall be subject to the provisions set forth hereinafter.

2

(a)

The Executive Committee shall, subject to Article 57(8), consist of States elected by the Assembly from among States members of the Assembly.

(b)

The Government of each State member of the Executive Committee shall be represented by one delegate, who may be assisted by alternate delegates, advisors, and experts.

3.

The number of States members of the Executive Committee shall correspond to one-fourth of the number of States members of the Assembly. In establishing the number of seats to be filled, remainders after division by four shall be disregarded.

4.

In electing the members of the Executive Committee, the Assembly shall have due regard to an equitable geographical distribution.

5

(a)

Each member of the Executive Committee shall serve from the close of the session of the Assembly which elected it to the close of the next ordinary session of the Assembly.

(b)

Members of the Executive Committee may be re-elected but only up to a maximum of two-thirds of such members.

(c)

The Assembly shall establish the details of the rules governing the election and possible re-election of the members of the Executive Committee.

6

(a)

The Executive Committee shall:

(i)

prepare the draft agenda of the Assembly;

(ii)

submit proposals to the Assembly in respect of the draft program and biennial budget of the Union prepared by the Director General;

(iii)

lapsed;

(iv)

submit, with appropriate comments, to the Assembly the periodical reports of the Director General and the yearly audit reports on the accounts;

(v)

take all necessary measures to ensure the execution of the program of the Union by the Director General, in accordance with the decisions of the Assembly and having regard to circumstances arising between two ordinary sessions of the Assembly;

(vi)

perform such other functions as are allocated to it under this Treaty.

(b)

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

7

(a)

The Executive Committee shall meet once a year in ordinary session upon convocation by the Director General, preferably during the same period and at the same place as the Coordination Committee of the Organization.

(b)

The Executive Committee shall meet in extraordinary session upon convocation by the Director General, either on his own initiative or at the request of its Chairman or one-fourth of its members.

8

(a)

Each State member of the Executive Committee shall have one vote.

(b)

One-half of the members of the Executive Committee shall constitute a quorum.

(c)

Decisions shall be made by a simple majority of the votes cast.

(d)

Abstentions shall not be considered as votes.

(e)

A delegate may represent, and vote in the name of, one State only.

9.

Contracting States not members of the Executive Committee shall be admitted to its meetings as observers, as well as any intergovernmental organization appointed as International Searching or Preliminary Examining Authority.

10.

The Executive Committee shall adopt its own rules of procedure.

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