Protocol for the Chairing of Meetings of AIPPI at which the Proposals of Working and Special Committees of AIPPI are Presented and Resolved

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1 Protocol for the Chairing of Meetings of AIPPI at which the Proposals of Working and Special Committees of AIPPI are Presented and Resolved 1. Background Working and Special Committees The following background relates principally to the role and responsibilities of a Chairman and the Officers of a Working Committee or Special Committee. This Protocol however relates to the role and responsibilities of those chairing the Congress and Exco Meetings at which the Reports of those Committees are received and Resolutions of AIPPI are made. It is important that those chairing such Meetings understand the role and responsibilities of those who have prepared the work. 1.1 Working Committees are appointed by the Bureau [Article 8.5, Rule 12.1] to deal with Questions put on the Association's Agenda by the Executive Committee [Article 6.9]. Rule 12.4 provides that the persons appointed as Chairman and Co-Chairman of a Working Committee should have expertise in, or at least a good knowledge of, the subject of the Question under study. 1.2 Working Committees are required to study such Questions, to bring expert Commentary, Recommendations and draft Resolutions to the Executive Committee for decisions to be made by AIPPI. Those decisions are embodied in Resolutions and Recommendations adopted in the name of the Association [Article 6.9(b), Rule 22.1]. 1.3 Special Committees are appointed by the Bureau [Article 8.8]. The power to appoint Special Committees recognises the need the Bureau has to obtain assistance from the Members in an efficient way. The work of Special Committees ranges from the study of and advice to the Bureau on scientific legal issues to issues of management such as the Policy and Structure of AIPPI [Q.120]. 1.4 Those who chair Committees are given specific directions as to their objectives and they are responsible for constant monitoring of the need for action on Questions for which they are responsible and for reporting to the Bureau on a periodic basis. Their work can and frequently does lead to Resolutions being adopted by the Executive Committee in the name of the Association. 1.5 In support of the regime for Working and Special Committees described above, Rule 10 provides, inter alia, that Questions on the Working Programme of AIPPI are normally prepared by Working Committees each under the direction of a Chairman appointed by the Bureau or when the nature Legal1\502551_1 1

2 of the Question or urgency so requires, by Special Committees appointed by the Bureau. 1.6 Under Rule 12.3, the Reporter General is responsible for presenting the main points of a Question under discussion to the Congress, to the Executive Committee, or to the Council of Presidents. The Reporter General is to be assisted by the Chairman of the relevant Working or Special Committee. 1.7 Under Rule 12.5, the Chairman of the Working Committee with the assistance of the Co-Chairman and Secretary of the Committee, is made responsible for particular tasks. They include: consulting with the Reporter General in the preparation of the Working Guidelines; with the assistance of the Secretary General obtaining nominations to the Working Committee from National and Regional Groups; establishing and notifying the Members of the Working Committee of a suitable timetable for progress of the study of the Question; assisting the Reporter General in preparation of the Summary Report; rather importantly, on the basis of the Summary Report preparing a draft outline of a Resolution or Report in co-operation with the Reporter General; revising the draft outline of a Resolution or Report in the light of responses received from the Members of the Working Committee; and preparing a final draft for the Reporter General and Members of the Working Committee; preparing and circulating a draft Presentation for the purpose of explaining the background to the Resolution and the reasoning of the Working Committee. 1.8 The remainder of Rule 12.5 deals with the responsibilities of the Chairman and Working Committee in the lead up to presentation of the Resolution at a Meeting of AIPPI. There is an important direction on the due process which is applicable to those chairing Meetings of Working Committees of AIPPI. Under Rule 12.5(h), the Chairman of the Working Committee is required to ensure that all the National and Regional Groups represented at any Meeting of the Working Committee have an opportunity to express their opinions. 1.9 Owing to the importance of Rule 12 as background for those involved in conducting a Congress or Executive Committee Meeting at which the scientific and other work of Working and Special Committees is debated and resolved, that Rule is set out in full in Schedule 1 to this Protocol. Legal1\502551_1 2

3 2. Protocols for Chairing of the Presentation of the Work of Working and Special Committees 2.1 The Chairman of the Meeting (COM) is responsible for the orderly running of the Meeting. The principal objective of the COM is to provide the persons presenting the work on the one hand and the Members attending the Meeting on the other hand, with efficient and fair process for presenting and deciding the issues raised in the Meeting. The COM is responsible for the passage of Resolutions fairly in accordance with what is proposed by the Chairman of the Working or Special Committee and the Members attending the Meeting. 2.2 It is the duty of the COM to act impartially as between all persons presenting views or voting at the Meeting. The COM must not act or refrain from acting out of any personal interest (including any interest the COM may have in common with a National or Regional Group) which may affect the COM. 2.3 In chairing the Meeting, the COM will apply the relevant Articles, Regulations and Rules of Debate of AIPPI (see Schedule 2 to this Protocol). He must in particular explain clearly to the Meeting the effect of abstentions on whether or not a motion is carried. 2.4 It is the responsibility of the COM to be as familiar with the background to the Question at issue in the Meeting and any Resolution proposed at the Meeting as may be reasonably required to apply due process and the Rules of Debate of AIPPI in the Meeting. 2.5 Each National and Regional Group represented must be given opportunity to express its opinions. 2.6 It is the responsibility of the COM to ensure (as far as practicable) that the wording of each Resolution proposed for decision in the Meeting is clear and that the effect of the passing of any particular Resolution is understood by those voting or abstaining from voting on it. In the event that it becomes clear to the COM that the foregoing requirements have not been met in relation to any substantial decision taken by the Meeting, the COM should declare the decision void, and call for the same issue to be put to the vote again in a manner by which the COM is satisfied that the requirements of this provision are met. Legal1\502551_1 3

4 SCHEDULE 1 AIPPI Rule 12 Rule 12 - Working Procedure 12. The Bureau is responsible for organising the work of the Association, for establishing a timetable for the progress of the work and for designating the bodies to carry out the preparatory work The Reporter General is responsible for the following tasks: a. the preparation of Working Guidelines for each Question placed on the Working Programme, in cooperation with the Chairman of the Programme Committee and the Chairman of the relevant Working or Special Committee; b. on each Question placed on the Working Programme, the presentation of a Summary Report, in co-operation with the Chairman of the relevant Working or Special Committee; c. co-operating with the Chairmen of Working and Special Committees to settle the terms of draft Resolutions and Presentations proposed by them As a rule, the Reporter General is responsible for presenting the main points of the Question under discussion to the Congress or to the Executive Committee. The Reporter General shall be assisted by the Chairman of the relevant Working or Special Committee The persons appointed as Chairman and Co-Chairman of a Working Committee should have expertise in, or at least have a good knowledge of, the subject of the Question under study The Chairman of the Working Committee, with the assistance of the Co-Chairman and the Secretary of the Committee, is responsible for the following tasks: a. consulting with the Reporter General in the preparation of the Working Guidelines. b. with the assistance of the Secretary General, requesting National and Regional Groups to nominate a Representative to the Working Committee. c. within the overall timetable of the Working Programme, establishing a suitable timetable for the progress of the study of the Question and notifying the Members of the Working Committee accordingly. d. assisting the Reporter General in the preparation of the Summary Report. e. on the basis of the Summary Report and in cooperation with the Reporter General, preparing a draft outline of a Resolution or Report, which shall be circulated together with the Summary Report to the Members of the Working Committee, inviting responses from them within a specified period. f. after receiving responses from Members of the Working Committee, and after such further correspondence and/or discussion as may seem desirable, preparing a final draft Resolution which shall be transmitted to the Secretary Legal1\502551_1 4

5 General and to the Reporter General, and by the Secretary General to the Presidents of the National and Regional Groups and all registered Delegates of the Executive Committee, inviting recipients of the final draft Resolution to send to the Chairman comments on the draft Resolution by a specified date; g. preparing and circulating to the Reporter General and all Members of the Working Committee a draft Presentation to the Executive Committee or Congress, for the purpose of explaining the background to the Resolution and the reasoning of the Working Committee, and inviting comments on the draft Presentation; h. meeting with the Working Committee before the Executive Committee Meeting or Congress at which any Resolution or Report is due to be debated/adopted to finalise the wording of the Presentation and Resolution; i. when conducting Meetings of the Working Committee, ensuring that all of the National and Regional Groups represented at the Meeting have an opportunity to express their opinions. j. where a substantial agreement cannot be reached in the Working Committee, including in the draft Resolution or Report significant alternative propositions, on which a vote can be taken. k. ensuring that accurate translations of the Resolution or Report are prepared in good time for all the relevant language versions to be available to Delegates attending the Executive Committee or Congress session which will debate the same; l. taking part in the work of the Drafting Committee; 12.6 The names of the Chairman, Co-Chairman and Secretary of the Working Committee shall be mentioned in the relevant documents concerning the work of that Committee. Legal1\502551_1 5

6 1. Voting - Statutory framework SCHEDULE 2 AIPPI Rules Of Debate The following Articles and Rules of AIPPI s Statutes are relevant:- 1.1 Congresses Under Article 12.8: The Congress may make recommendations and adopt them by a simple majority of those taking part in the vote. 1.2 Executive Committee Under Article 6.9(b) Exco shall adopt Resolutions and recommendations in the name of the Association." Under Article 6.13: 1.3 Rule 19.4 "The decisions of [Exco] shall be taken by a simple majority of members present and taking part in the vote." This provides that separate counts shall normally be taken of votes for, votes against and expressed abstentions. The Rule goes on to state: Where the Statutes provide that the majority shall be determined on the basis of those having taken part in a vote, expression of abstention shall be regarded as a vote. The effect of this rule is that an abstention is counted as a vote against the motion being proposed. 2. Chairman of the Meeting - Statutory Framework 2.1 Congresses Rule 18.1 provides that the Chairman shall be nominated in accordance with Article 5.2, the second sentence of which provides:- For any session dealing with specific questions of intellectual property, the Bureau may appoint an Acting Chairman having relevant experience and expertise. 2.2 Executive Committee Rule 18.1 provides that the Chairman shall be nominated in accordance with Article 6.7, the second sentence of which provides:- Legal1\502551_1 6

7 For any session dealing with specific questions of intellectual property, the Bureau may appoint an Acting Chairman having relevant experience and expertise. 2.3 In each case, Rule 18.1 goes on to provide that the Chairman shall be assisted, where appropriate by the Reporter General or one of the Deputy Reporters General and by a speaker, such as the Chairman or a member of a Working Committee. 3. Speeches and Rules of Debate 3.1 Rule 18 continues as follows: The duration of the opening statement concerning the Question under study normally shall not exceed ten minutes. The duration of speeches of subsequent speakers shall be limited to three minutes. The Chairman of the session shall have discretion to vary these limits The opening statement should identify those aspects of the Question known to be controversial and should outline the opposing views. a. National and Regional Groups shall, where possible, nominate one person (for example the National or Regional Delegate to the relevant Working Committee) to represent the views of the Group at the session, without restricting the right of personal intervention of any participant. b. All speakers shall preface their intervention by stating whether they are speaking on behalf of a Group or on their own behalf. c. A second intervention on any given point under debate shall, in general, be permitted by the Chairman of the session only after the regular list of speakers on that point has been exhausted Draft Resolutions Resolutions should be drafted as a series of individually numbered paragraphs and sub-paragraphs, so that at all times it is quite clear what part of the Resolution is under debate. Recitals and/or explanatory text should be clearly identified as such and should not normally be debated Speakers After each paragraph of a draft Resolution has been introduced, the Chairman shall invite speakers from the floor. Intending speakers shall normally have given notice in writing to the Chairman stating: a. their name; b. their Group; c. whether they wish to speak in a personal capacity or on behalf of their Group; and Legal1\502551_1 7

8 d. whether any, and if so what, amendments to that paragraph of the draft Resolution are proposed by them. Unless the Chairman permits otherwise (if necessary after adjourning a decision on the amendment) every proposed amendment shall be submitted in writing before a vote is taken Order of speaking While the Chairman will normally call upon speakers in the order in which they have given notice pursuant to para above, any other order may be adopted which in the exercise of the Chairman's discretion may seem more logical and/or desirable in all the circumstances Number of speakers The Chairman may limit the number of speakers once it seems clear that a vote should be taken on the issue. In that event, the Question under debate shall be put to the meeting for a vote Amendments An amendment shall be relevant to the text under debate and shall be:- a. to leave out words; or b. to leave out words and insert or add others; or c. to insert or add words; but such omission, insertion or addition of words shall not have the effect of negating the motion before the Meeting Restrictions on speeches A speaker who has spoken on any motion shall not speak again whilst it is the subject of debate, except: (i) (ii) (iii) (iii) (iv) to speak once on an amendment moved by another speaker; if the motion has been amended since the speaker last spoke, to move a further amendment if the speaker's first speech was on an amendment moved by another speaker, to speak on the main issue, whether or not the amendment was carried; on a point of order; when invited to speak by the Chairman, who shall bear in mind the desirability of giving the person proposing an amendment the opportunity of replying to defend that amendment Points of order Legal1\502551_1 8

9 a. A person may rise on a point of order and shall be entitled to be heard forthwith. A point of order shall relate only to an alleged breach of these Rules or the Statutes and the person shall specify the Rule or the Article of the Statutes and the way in which it is alleged that it has been broken. b. The ruling of the Chairman on a point of order shall not be open to discussion Voting on amendments Where several amendments are proposed to the same text under debate, the Chairman shall decide the order in which amendments are voted upon. The Chairman shall have regard to the following principles: a. Where a second amendment amends a first amendment, the second shall be voted upon first. The first amendment shall then be put, either with or without amendment by the second amendment, depending on the result of the first vote. b. Amendments should normally be taken in the order in which they arise in the text under debate. They need not be taken in the order in which they are proposed. c. Each paragraph presenting the views of AIPPI shall, when all amendments to it have been voted on, be voted on as a whole. d. Each Resolution shall, when voting on each paragraph has been completed, be voted on as a whole. 13 th March 2001 Legal1\502551_1 9