STATUTES OF THE ASIAN PATENT ATTORNEYS ASSOCIATION

Transcription

1 STATUTES OF THE ASIAN PATENT ATTORNEYS ASSOCIATION established at the Inaugural General Meeting of December 26, 1969, amended at the Taipei General Assembly of April 9, 1972, amended at the Seoul General Assembly of April 22, 1974, amended at the Osaka General Assembly of May 17, 1976, amended at the Hong Kong General Assembly of October 30, 1979, amended at the Seoul General Assembly of October 16, 1988, amended extensively at the Cebu General Assembly of November 14, 2000, amended at the Kaohsiung General Assembly of November 8, 2006, amended extensively at the Hong Kong General Assembly of November 22, 2009, amended at the Chiang Mai General Assembly of October 31, 2012.

2 STATUTES OF THE ASIAN PATENT ATTORNEYS ASSOCIATION SECTION Ⅰ GENERAL Article 1 Name and Logo 1.1 The name of the Association shall be THE ASIAN PATENT ATTORNEYS ASSOCIATION and may also be referred to as APAA. 1.2 The logo of the Association shall be the APAA and logo device shown in the Schedule to these Statutes. Provisions as to the proper use, presentation and format of the name and logo of the Association may be prescribed by the Council. Article 2 Association Structure 2.1 The Association is a not for profit professional association comprising such Members and Recognized Groups as may be elected or established pursuant to the provisions set out in Section II and such Council, Officers, Secretariat, Committees and other persons or bodies as may be elected, appointed or established pursuant to the provisions set out in Sections III and V. 2.2 The Association has with the endorsement of the 52nd Council Meeting and the 14th General Assembly established Asian Patent Attorneys, Inc (APAI) as an incorporated body under the laws of the British Virgin Islands for the effective conduct and attainment of the objects of the Association. 2.3 The Council shall control and direct all operations and activities of APAI. 2.4 The officers and shareholders of APAI shall unless otherwise provided by the Council be as follows: (a) (b) The officers of APAI shall be the same as the Officers of the Association. The shareholders of APAI shall be the President, Senior Vice Presidents, Treasurer and any other Individual Member of the Association approved by the Council, provided that: (i) (ii) the total number of shareholders shall not exceed 10; and the shareholders shall hold their shares in trust for the Members. 2.5 APAI may in accordance with its constitution and with the approval of the Council hold property (including property recognized under Intellectual Property) and other assets and enter into contracts in furtherance of the objects and activities of the Association

3 Article 3 Objects 3.1 The objects of the Association are: (1) To foster ties of mutual friendship and understanding among those who are practising the profession of patent attorney in the Asian Region and through such ties to promote the proper protection and development of Intellectual Property in the Asian Region. (2) To consider all manner of questions affecting Intellectual Property and/or the interests of the Association. (3) To engage in activities in conjunction with other bodies or associations within the limits of the Association s objects and to arrange reciprocal concessions and co-operation with other such bodies or associations. (4) To arrange social and recreational activities for Members and generally by all manner of means to promote knowledge of Intellectual Property by lectures, discussions, books, correspondences, pamphlets, publications or any other forms of dissemination of information. Article 4 Activities 4.1 In order to achieve the objects of the Association, it may carry out the following: (1) Hold meetings for Members and Observers. (2) Exchange information concerning Intellectual Property. (3) Establish and maintain close contacts with various organizations, associations and other bodies concerned with Intellectual Property and to participate in meetings held by such bodies. (4) Make investigations, studies, plans and proposals with a view to assisting the improvement and co-ordination of international and domestic laws and regulations concerning Intellectual Property. (5) Conduct all and any other work which may be necessary or desirable to achieve the objects of the Association. SECTION II MEMBERSHIP AND RECOGNIZED GROUPS Article 5 Membership 5.1 Only an individual practising as a patent attorney in a jurisdiction within the Asian Region and an organization constituted in the Asian Region operated by one or more such individuals is eligible to become a member of the Association provided that the Council - 2 -

4 may in its discretion determine the scope of membership of the Association. 5.2 A Recognized Group constituted under Article 7 may in its discretion determine eligibility to become a member of that Recognized Group and any individual practising as a patent attorney within the jurisdiction of the Recognized Group and any organization constituted in that jurisdiction and operated by one or more such individuals wishing to become a Member of that Recognized Group shall apply directly to the Recognized Group in accordance with the rules of that group. All the Members of a Recognized Group are thereby Members of the Association. 5.3 Any Recognized Group may recognize for membership within its jurisdiction (or where there is no Recognized Group the Council may recognize for membership) one or more than one of the following categories of persons as practising as a patent attorney: (a) (b) (c) An individual authorized to practise as a patent attorney under any applicable legislation in the jurisdiction in which the individual is practising. An individual registered as a patent attorney or otherwise recognized as a patent attorney by a relevant governmental or regulatory body (such as a Patent Office) or a professional controlling body in the jurisdiction in which the individual is practising. An individual: (i) (ii) qualified to practise anywhere in the world as a patent attorney (or agent), trade mark attorney (or agent), solicitor, barrister, advocate, counsel or lawyer; and acknowledged by a relevant governmental or regulatory body (such as a Patent Office) or a law society, bar association or equivalent professional body in the jurisdiction in which the individual is practicing as being qualified to practise professionally; and (iii) continuously resident for a minimum period of 12 months in that jurisdiction; and (iv) whose usual or regular work involves Intellectual Property matters. 5.4 Unless otherwise governed by Article 5.3(a), (b) or (c), an individual may by reason of special circumstances be acknowledged by the Council as being qualified to practise as a patent attorney in a jurisdiction within the Asian Region. 5.5 Where no Recognized Group has been constituted within a jurisdiction of the Asian Region any individual practising as a patent attorney within that jurisdiction and any organization constituted in that jurisdiction and operated by one or more such individuals wishing to be a Member in that jurisdiction may apply to the Secretariat for approval of such application by the Council in accordance with the Statutes and Regulations. Such application shall be supported by the recommendation of at least two existing Individual Members (who shall not be from the same organization)

5 5.6 The Council may confer honorary membership of the Association upon any individual who has contributed significantly to the objects of the Association. Such an Honorary Member may be invited to attend meetings of the Association but shall not be entitled to vote at any such meeting. Article 6 Termination of Membership 6.1 When a Member belonging to a Recognized Group ceases to be a Member of that group, that person shall be deemed to have ceased to be a Member. 6.2 A Member not belonging to a Recognized Group may resign from membership by notifying the Association to that effective in writing. 6.3 Any Member who neglects to pay the prescribed membership subscription or who performs any act which is contrary to the objects of the Association or whose act damages or is apt to damage the honor of the Association may be suspended or expelled from the Association in accordance with the Regulations. 6.4 The Council may reinstate a Member who has been suspended or expelled from the Association. Article 7 Recognized Group 7.1 Members are entitled to constitute a Recognized Group in accordance with the following provisions of this Article. 7.2 A Recognized Group may only be constituted with the approval of the Council and must comprise at least seven Members representing at least four separate organizations each Member qualified to be an Individual or Organization Member as defined in Article 5 from any area within the Asian Region having separate and distinct prevailing Intellectual Property laws. 7.3 A Recognized Group shall operate under rules which have been approved by the Council and are consistent with the Statutes and Regulations of the Association. 7.4 Each Recognized Group shall in accordance with its rules appoint or elect one of its Individual Members to be the Group President. 7.5 Every Recognized Group must comply with the Statutes and Regulations of the Association and any resolution of the Council. Any Recognized Group that fails so to comply may on the recommendation of the Council acting in accordance with the Regulations be suspended by resolution of the General Assembly. 7.6 The Members of any suspended Recognized Group will be deemed to be Members from an area where there is no Recognized Group and the Council Members of that Recognized Group shall cease to be Council Members but may on the invitation of the President attend Council Meetings on such terms as the President may in consultation with the Council impose

6 7.7 A suspended Recognized Group may be reinstated as a Recognized Group by the Council. SECTION III COUNCIL, OFFICERS, SECRETARIAT AND COMMITTEES Article 8 Council 8.1 The Council shall be the governing body of the Association. 8.2 Each Recognized Group shall be entitled to appoint the following number of Council Members who shall be Individual Members to represent the Members of that Recognized Group for approval by the General Assembly: (a) In the case of a Recognized Group having a total of up to 15 Members, only one Council Member. (b) In the case of a Recognized Group having a total of between 16 and 29 Members, only two Council Members. (c) In the case of a Recognized Group having a total of 30 or more Members, three Council Members and one further Council Member for each additional 30 Members belonging to that group. For example, where a Recognized Group has 30 Members, that group shall be entitled to appoint three Council Members, and where the Recognized Group has 60 Members, that group shall be entitled to appoint four Council Members. For the foregoing purposes, the number of Members of a Recognized Group shall be that number of Members which prior to the date of the General Assembly has been reported to the Association and for whom the membership subscription fees have been paid in accordance with the Regulations. 8.3 The number of Members appointed by any one Recognized Group to Council shall not exceed 25 or one quarter of the total number of Council Members at any given time, whichever is the lower. 8.4 A Council Member shall hold office until the close of the next Ordinary General Assembly and shall be eligible for re-appointment as a Council Member. 8.5 If any Council Member shall cease to be a Council Member or die before the expiry of his or her term of office the Recognized Group concerned may appoint a substitute Council Member from the group for approval at the next Council Meeting. Article 9 Council Meetings 9.1 The Council shall hold a Council Meeting at least once a year and the President shall convene any such Council Meeting

7 9.2 In order to convene a Council Meeting, the President shall at least one month in advance of the date at the meeting send or cause to be sent a notice to each Council Member. The President shall have power to convene a Council Meeting on shorter notice in the event of urgency. 9.3 A Council Meeting requires the attendance of a Council Member from at least two-thirds of the Recognized Groups and, unless otherwise provided, decisions of the Council shall be adopted upon a vote of the majority of Council Members actually present and voting at the Council Meeting at which such vote is taken. 9.4 The Regulations may provide for the conduct of and may specify the persons entitled to attend or observe any Council Meeting. Article 10 Officers and Executive Committee 10.1 The officers of the Association shall comprise: (a) The President (elected pursuant to Article 11) (b) The Senior Vice-Presidents (appointed pursuant to Article 12) (c) The Secretary-General (appointed pursuant to Article 14) (d) The Treasurer (appointed pursuant to Article 17) 10.2 The Executive Committee of the Association shall comprise the Officers and not more than 5 Council Members as may be appointed from time to time by the President with the approval of the Council The Executive Committee shall be the principal source of assistance to the President with the implementation of his or her responsibilities as provided by the Statutes, the Regulations and otherwise as directed by the Council. Article 11 President and Past Presidents 11.1 The President shall be elected by the Council from among its members The President shall: (a) preside over meetings of the Association; (b) represent the Association at meetings of other bodies concerned with Intellectual Property or appoint a nominee to attend such meetings; (c) convene any Council Meeting as set out in Article 9; (d) appoint Senior Vice Presidents as set out in Article 12; (e) appoint a Secretary- General as set out in Article 14; - 6 -

8 (f) establish Committees as set out in Article 15; (g) convene any General Assembly as set out in Article 16; (h) appoint a Treasurer as set out in Article 17; (i) cause accounts and reports of the Association to be produced as set out in Article 18; (j) produce a budget for each financial year as set out in Article 18; and (k) do all such other things as may be prescribed within the responsibility of the President by the Statutes and Regulations of the Association or otherwise with the approval of the Council The President shall hold office until the close of the next Ordinary General Assembly, but may exceptionally at the request of the Council be eligible for re-election for not more than one further consecutive term If the President shall vacate office before the completion of his or her term of office the Senior Vice-President designated by the President pursuant to Article 12.2 shall be acting President until the convening of the next Council Meeting at which the Council shall elect a new President. In the absence of such designated Senior Vice-President, the Senior Vice-Presidents shall elect one of their number to be acting President A former President of the Association shall become a Past President immediately after retirement from presidential office and shall for so long as remaining a Member: (a) continue to serve as a Council Member if so appointed by a Recognized Group until the expiry of his or her term of office and any re-appointment as a Council Member (b) if not otherwise a Council Member pursuant to Article 11.5 (a) be an ex-officio Council Member entitled to attend and participate in Council Meetings, Committee Meetings and other meetings of the Association but shall not be entitled to vote in Council Meetings A Past President of the Association may be elected by the Council to the position of Honorary President where the Council considers circumstances are appropriate. An Honorary President of the Association shall retain the position for life without payment of membership subscription and shall fulfill an advisory role to the President and the Council. Article 12 Senior Vice-Presidents 12.1 The President shall appoint one or more of the Council Members as Senior Vice-President(s) such appointment to be approved by the Council provided that there shall be not more than one Senior Vice-President from any Recognized Group and not more than three Senior Vice-Presidents in total at any one time

9 12.2 The President shall upon being elected as President designate one of the Senior Vice-Presidents to act as President whenever the President is unable to do so Any Vice-President of a Recognized Group appointed as a Senior Vice-President may continue to serve as Vice-President for that group or a replacement Vice-President may be nominated in accordance with Article A Senior Vice-President shall fulfill such responsibilities in relation to the business, organization, planning, financial or other affairs of the Association as the President may from time to time in consultation with the Vice-Presidents determine A Senior Vice-President shall hold office until the close of the next Ordinary General Assembly and shall be eligible for re-appointment as a Senior Vice-President A Senior Vice-President retiring or otherwise ceasing to act a Senior Vice-President during any term of office may only be replaced in accordance with Article Article 13 Vice-Presidents 13.1 Each Recognized Group shall in accordance with its rules nominate one of its Council Members as a Vice-President for that Group such nomination to be approved by the Council. A Group President may also be a Vice-President A Vice-President of a Recognized Group shall as required correspond or otherwise communicate with the President and Secretary-General in relation to such matters as the President may specify or other matters of interest or concern to that Recognized Group. A Vice-President may delegate the responsibility for such communication to another Council Member of that Recognized Group as the need arises and shall inform the President or Secretary-General accordingly A Vice President shall hold office until the close of the next Ordinary General Assembly and shall be eligible for re-appointment as a Vice-President If any Vice-President shall vacate office before the expiry of his or her term of office a replacement Vice President may be nominated in accordance with Article 13.1 until the convening of the next Council Meeting at which the Council may approve any such appointment. Article 14 Secretariat and Secretary-General 14.1 The Secretariat of the Association shall be located in Tokyo, Japan or at such other place as may be determined by the Council from time to time 14.2 The Secretariat shall comprise a Secretary-General who shall be appointed by the President and such secretarial and administrative assistants as the President may require The President may with the approval of the Council appoint a full-time salaried Secretary- General

10 14.4 The Secretary-General shall be responsible for all secretarial duties of the Association under the direction of the President and as may be determined from time to time in the Regulations and by the President The Secretary-General may receive from the funds of the Association such remuneration as the Council may determine from time to time and as the funds of the Association may allow in respect of services rendered to the Association by the Secretary-General. Article 15 Committees 15.1 Whilst the Council shall at all times remain the governing body of the Association under the guidance of the President and the Executive Committee, the President may with the approval of the Council appoint any further advisory committees to advise and assist the President as required The President may with the approval of Council and in consultation with the Recognized Groups establish standing or ad hoc Committees to consider and report on any subject matter nominated by the President and which is consistent with the Statutes and objects of the Association Subject to the Statutes, the President shall determine the constitution and conduct of the Executive Committee and any advisory committee appointed under Article The Regulations may provide for the constitution and conduct of any Committee established under Article 15.2 and may specify the persons entitled to attend or observe meetings of any such Committee. SECTION IV GENERAL ASSEMBLY Article 16 General Assembly 16.1 A General Assembly shall be either an Ordinary General Assembly or an Extraordinary General Assembly, and the President shall convene any such General Assembly An Ordinary General Assembly shall be held every three years. In order to convene an Ordinary General Assembly, the President shall at least three months in advance of the date of the General Assembly send or cause to be sent a notice thereof to each Recognized Group or, where there is no Recognized Group, to each Member An Extraordinary General Assembly shall be held whenever necessary. In order to convene an Extraordinary General Assembly, the President shall at least one month in advance of the date of the General Assembly send or cause to be sent to each Recognized Group or, where there is no Recognized Group, to each Member a notice thereof together with an agenda

11 16.4 The President shall convene an Extraordinary General Assembly in accordance with Article 16.3 upon receiving a request from a least one third of the Recognized Groups to hold such a General Assembly A General Assembly shall be presided over by the President provided that the President may appoint any Senior Vice-President or, should the need arise, any Council Member as the chairperson of a General Assembly At any General Assembly, each Individual Member shall have the right to one vote and each Organization Member shall likewise have the right to one vote provided that the name of the representative (who shall be an Individual Member, or a person qualified to be an Individual Member) of the Organization Member authorized so to vote has been submitted in writing to the Secretariat at least seven days before the General Assembly at which the vote is to be exercised A General Assembly requires the attendance of a Council Member from at least two-thirds of the Recognized Groups. Resolutions of the General Assembly shall be adopted upon a vote by a majority of the Members actually present and voting at the meeting of the General Assembly at which such vote is taken The Regulations may provide for the conduct of and may specify the persons entitled to attend or observe any General Assembly. SECTION Ⅴ FINANCE, TREASURER AND REPORTS Article 17 Finance and Treasurer 17.1 The income, property and other funds of the Association and APAI howsoever derived shall be applied solely towards the promotion and attainment of the objects of the Association and shall not be used for the personal benefit of any Member of the Association The funds necessary for carrying out the work of the Association shall be provided by Members subscriptions, any surplus from meetings of the Association, donations and other sources of income. The Council may direct that the funds or any part of the funds Association be held in bank accounts of APAI as approved by the Council Every Member shall pay a subscription as provided by the Regulations. The amount of the subscription shall be decided by the General Assembly upon the proposal of the Council The President shall appoint one Council Member as Treasurer who shall under the direction of the President be responsible for maintaining the accounts of the Association and APAI, such appointment to be approved by the Council

12 17.5 The fiscal year of the Association and APAI shall commence on January 1 and end on December 31 or otherwise as may be determined by the Council or provided in the Regulations If upon the dissolution of the Association there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the Members of the Association but shall be given or transferred to some other organization or organizations having objects similar to the objects of the Association, as may be determined by the Council at or before the time of dissolution or in default thereof to some other non profit organization as the Council at that time may determine. Article 18 Reports 18.1 The President shall each year cause to be produced: (a) written reports of the activities of the President, the Association, the Committees and APAI (b) accounts of the Association and APAI for the previous year and a budget for the coming year for both which shall be presented to the Council for approval at a Council Meeting In addition the President shall prior to a General Assembly cause to be produced an independently audited set of accounts of the Association and APAI which shall be presented to the Members for approval at each General Assembly. SECTION VI AMENDMENT OF STATUTES Article 19 Amendment of Statutes 19.1 The Statutes may be amended upon a vote by at least two-thirds of the Members actually present and voting at the meeting of a General Assembly at which such vote is taken The provisions of these Statutes come into force with effect from the close of the Chiang Mai General Assembly on October 31, SECTION VII MISCELLANEOUS Article 20 Official Language 20.1 The official language of the Association shall be the English language. When the Council recognizes the necessity, it may also designate other languages for use by the Association in its proceedings

13 Article 21 Regulations 21.1 Regulations necessary for carrying out the provisions of the Statutes may be laid down by the Council. Article 22 Definitions 22.1 In these Statutes, the following terms shall have the following meanings: "APAI" Asian Region Asian Patent Attorneys, Inc. The geographical area or areas within Asia (including Oceania) as determined by the Council. "Committee" Any committee established pursuant to Article 15.2 "Secretariat" Honorary Member Individual Member Intellectual Property Member "Observer" Organization Member The administrative headquarters of the Association. An individual admitted to membership of the Association pursuant to Article 5.6. An individual admitted to membership of the Association pursuant to Article 5 other than as an Honorary Member. All areas of industrial or intellectual property law practised by Members. A member of the Association whether an Individual Member or an Organization Member. An individual who qualifies and may be admitted to attend meetings of the Association as an Observer in accordance with such terms and conditions as the Regulations may provide. An organization admitted to membership of the Association pursuant to Article Except where the context otherwise requires, references to one gender include all genders

14 SCHEDULE ( APAA and logo device)

15 Supplementary Provision 1. (April 9, 1972) The revisions to the Statutes with respect to Articles 6, 10 and 13 shall become effective from April 9, (April 22, 1974) The revision to the Statutes with respect to Articles 14 shall become effective from the fiscal year of (May 17, 1976) The revisions to the Statutes shall become effective, in the case of Article 13, from January 1, 1976 and in the case of Article 14, from the fiscal year of (October 30, 1979) The revision to the Statutes with respect to Articles 14 shall become effective from the fiscal year of (October 16, 1988) The revisions to the Statutes with respect to Articles 2, 3, 4, 5, 9, 10 and 13 shall become effective from October 16, 1988 and in the case of Article 6, from the fiscal year of (November 14, 2000) The extensive revisions to the whole text of the Statutes shall become effective from November 14, (November 8, 2006) The amendments to Article 8.3 and Article 10.1 shall become effective from November 9, (November 22, 2009) The extensive revisions to the whole text of the Statutes shall become effective from November 22, (October 31, 2012) The amendments to Articles 5 and 22.2 shall become effective from October 31,