Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of June 15,1957, as revised at Stockholm on July 14, 1967, and at Geneva on May 13,1977:artikel 5

Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of June 15,1957, as revised at Stockholm on July 14, 1967, and at Geneva on May 13,1977

Article 5 Assembly of the Special Union

Geldend

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(1)

(a)

The Special Union shall have an Assembly consisting of those countries which have ratified or acceded to this Act.

(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)

Subject to the provisions of Articles 3 and 4, the Assembly shall:

(i)

deal with all matters concerning the maintenance and development of the Special Union and the implementation of this Agreement;

(ii)

give directions to the International Bureau concerning the preparation for conferences of revision, due account being taken of any comments made by those countries of the Special Union which have not ratified or acceded to this Act;

(iii)

review and approve the reports and activities of the Director General of the Organization (hereinafter designated as ‘the Director General’) concerning the Special Union, and give him all necessary instructions concerning matters within the competence of the Special Union;

(iv)

determine the program and adopt the biennial budget of the Special Union, and approve its final accounts;

(v)

adopt the financial regulations of the Special Union;

(vi)

establish, in addition to the Committee of Experts referred to in Article 3, such other committees of experts and working groups as it may deem necessary to achieve the objectives of the Special Union;

(vii)

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

(viii)

adopt amendments to Articles 5 to 8;

(ix)

take any other appropriate action designed to further the objectives of the Special Union;

(x)

perform such other functions as are appropriate under this Agreement.

(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)

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 8 (2), the decisions of the Assembly shall require two-thirds of the votes cast.

(e)

Abstentions shall not be considered as votes.

(f)

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

(g)

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

(4)

(a)

The Assembly shall meet once in every second 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 one-fourth of the countries members of the Assembly.

(c)

The agenda of each session shall be prepared by the Director General.

(5)

The Assembly shall adopt its own rules of procedure.

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