Article 17 Assembly

Geldend

Documentgegevens:

Geldend vanaf 28-04-2005

Bronpublicatie:: 01-06-2000, Trb. 2001, 120 (uitgifte: 23-07-2001, kamerstukken/regelingnummer: -)
Inwerkingtreding: 28-04-2005
Bronpublicatie inwerkingtreding:: 17-12-2010, Trb. 2010, 326 (uitgifte: 01-01-2010, kamerstukken/regelingnummer: -)
Vakgebied(en): Intellectuele-eigendomsrecht / Octrooirecht

1. [Composition]

a)

The Contracting Parties shall have an Assembly.

b)

Each Contracting Party shall be represented in the Assembly by one delegate, who may be assisted by alternate delegates, advisors and experts. Each delegate may represent only one Contracting Party.

2. [Tasks]

The Assembly shall:

(i): deal with matters concerning the maintenance and development of this Treaty and the application and operation of this Treaty;
(ii): establish Model International Forms, and the request Form, referred to in Article 14(1)c), with the assistance of the International Bureau;
(iii): amend the Regulations;
(iv): determine the conditions for the date of application of each Model International Form, and the request Form, referred to in item ii, and each amendment referred to in item iii;
(v): decide, pursuant to Article 16(1), whether any revision, amendment or modification of the Patent Cooperation Treaty shall apply for the purposes of this Treaty and the Regulations;
(vi): perform such other functions as are appropriate under this Treaty.

3. [Quorum]

a)

One-half of the members of the Assembly which are States shall constitute a quorum.

b)

Notwithstanding subparagraph a), if, in any session, the number of the members of the Assembly which are States and are represented is less than one-half but equal to or more than one-third of the members of the Assembly which are States, 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 members of the Assembly which are States and 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 such members having thus expressed their vote or abstention attains the number of the members 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.

4. [Taking Decisions in the Assembly]

a)

The Assembly shall endeavor to take its decisions by consensus.

b)

Where a decision cannot be arrived at by consensus, the matter at issue shall be decided by voting. In such a case:

(i): each Contracting Party that is a State shall have one vote and shall vote only in its own name; and
(ii): any Contracting Party that is an intergovernmental organization may participate in the vote, in place of its Member States, with a number of votes equal to the number of its Member States which are party to this Treaty. No such intergovernmental organization shall participate in the vote if any one of its Member States exercises its right to vote and vice versa. In addition, no such intergovernmental organization shall participate in the vote if any one of its Member States party to this Treaty is a Member State of another such intergovernmental organization and that other intergovernmental organization participates in that vote.

5. [Majorities]

a)

Subject to Articles 14(2) and (3), 16(1) and 19(3), the decisions of the Assembly shall require two-thirds of the votes cast.

b)

In determining whether the required majority is attained, only votes actually cast shall be taken into consideration. Abstentions shall not be considered as votes.

6. [Sessions]

The Assembly shall meet in ordinary session once every two years upon convocation by the Director General.

7. [Rules of Procedure]

The Assembly shall establish its own rules of procedure, including rules for the convocation of extraordinary sessions.