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STATUTES
OF
THE ASIAN PATENT ATTORNEYS ASSOCIATION
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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, and
amended extensively at the Cebu General Assembly
of November 14, 2000.
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STATUTES
OF THE ASIAN PATENT ATTORNEYS ASSOCIATION
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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
shall comprise Members and Recognized Groups as
set out in Section 11 and such
Council, Officers, Secretariat and Committees
as may be elected or established pursuant to the
provisions set out in Section III.
2.2 Headquarters
shall be located in Tokyo, Japan or at such other
place as may be determined by the
Council from time to time.
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, dissemination of information or otherwise.
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 11 MEMBERSHIP AND RECOGNIZED GROUPS
Article 5 Membership
5.1 Only
individuals practising the profession of patent
attorney in the Asian Region and organizations
constituted in the Asian Region operated by one
or more such individuals are eligible for membership
of the Association provided that the Council
may in its discretion determine the scope of membership
of the Association.
5.2 For the
purpose of determining eligibility for membership
of the Association, those accepted as
practising the profession of patent attorney
are:
(a) Where the right
to practise as a patent attorney is regulated by
legislation in the place within the Asian Region
where the individual is practising, an individual
authorized to practise as a patent attorney
under such legislation.
(b) Where there
is no such legislation, an individual registered
as a patent attorney or otherwise
acknowledged as such by an institute or any other
professional controlling body in the place within
the Asian Region where the individual is practising.
(c) Where there
is no such legislation or professional controlling
body for patent attorneys, an individual:
(i) qualified
anywhere in the world as a patent attorney, solicitor,
barrister or other legally qualified
professional;
(ii) acknowledged
by a law society, bar association or equivalent
professional body in the place within
the Asian Region where the individual is practising
as being qualified to practise professionally; and
(iii) a substantial
part of whose work involves Intellectual Property
matters.
(d) Unless otherwise
governed by Article 5.2(a), (b) or (c), an individual
who by
reason of special circumstances is acknowledged
by the Council as being qualified to practise
professionally as a patent attorney.
5.3 A Recognized
Group constituted under Article 7 may determine
eligibility for membership of that
Recognized Group and any applicant for membership
resident or constituted within the area 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.
5.4 Where
no Recognized Group has been constituted any applicant
for membership resident or
constituted within any area of the Asian Region
may apply to Headquarters 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) of one or more Recognized
Groups.
5.5 The Council
may exceptionally by unanimous vote 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 effect 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
honour 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 qualified to be an
Individual or Organization Member 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 as
observers.
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 for
approval by the General Assembly:
(a) One Individual
Member from each Recognized Group having up to 15
Members.
(b) Two Individual
Members from each Recognized Group having up to
29 Members.
(c) One additional
individual Member from each Recognized Group for
every 30 Members belonging to
that group.
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 fees
have been paid in accordance with the Regulations.
8.3 The number
of Members appointed by any one Recognized Group
shall not constitute a majority of
the overall number of Council Members.
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 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.
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 1 0 Officers
10.1 The
officers of the Association shall comprise:
(a) The President
(b) The Senior
Vice-Presidents
(c) The Vice-Presidents
Article 1 1 President and Past Presidents
11.1 The
President shall be elected by the Council from among
its members.
11.2 The
President shall preside over meetings of the Association
and represent the Association.
11.3 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.
11.4 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 13.2 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.
11.5 A former
President of the Association shall become a Past
President immediately after retirement
from presidential office and shall at the will
of the Council and for so long as remaining a Member
be an ex-officio Council Member entitled to
participate in Council Meetings, Committee Meetings
and other meetings of the Association.
11.6 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
fulfil an advisory role to the President and
the Council.
Article 12 Vice-Presidents
12.1 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.
12.2 A Vice-President
of a Recognized Group shall as required correspond
or otherwise communicate
with the President and Headquarters 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
Headquarters accordingly.
12.3 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.
12.4 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 12.1 until the convening of the next
Council Meeting at which the Council may approve
any such appointment.
Article 13 Senior Vice-Presidents
13.1 The
President shall appoint one or more of the Council
Members as Senior VicePresident(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.
13.2 The
President shall upon being elected as President
designate one of the Senior VicePresidents to act
as President whenever the President is unable
to do so.
13.3 Any
Vice-President of a Recognized Group appointed as
a Senior Vice-President shall continue to
serve as Vice-President for that group.
13.4 A Senior
Vice-President shall fulfil 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.
13.5 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.
13.6 A Senior
Vice-President retiring or otherwise ceasing to
act as a Senior Vice-President during any
term of office may only be replaced in accordance
with Article 13-1.
Article 14 Secretariat
14.1 The
secretariat of the Association shall be located
at Headquarters and shall comprise such
secretarial and administrative assistants as
the President through Headquarters may require.
14.2 The
President may with the approval of the Council appoint
a full-time SecretaryGeneral.
14.3 The
responsibilities of the Secretary-General shall
be as determined from time to time in the
Regulations and by the President.
14.4 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, the President may
with the approval of the Council appoint any
advisory body to advise and assist the President
as
required.
15.2 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.
15.3 The
President shall determine the constitution and conduct
of any advisory body appointed under
Article 15-1.
15.4 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.
16.2 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.
16.3 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.
16.4 The
President shall convene an Extraordinary General
Assembly in accordance with Article 16.3
upon receiving a request from at least one third
of the Recognized Groups to hold such a General
Assembly.
16.5 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.
16.6 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
Headquarters at least seven days before the
General Assembly at which the vote is to be exercised.
16.7 A General
Assembly requires the attendance of a Council Member
from at least twothirds 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.
16.8 The
Regulations may provide for the conduct of and may
specify the persons entitled to attend or
observe any General Assembly.
SECTION V FINANCE
Article 17 Finance
17.1
The
funds of the Association shall be applied in the
attainment of the objects of the Association.
17.2 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.
17.3 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.
17.4 The
President shall appoint a Treasurer from the Council
Members, such appointment to be
approved by the Council.
17.5 The
President shall each year cause to be produced accounts
of the Association for the previous
year. The accounts shall be presented to the
Council for approval at a Council Meeting.
Article 18 Fiscal Year
18.1 The
fiscal year of the Association shall commence on
January I and end on December 31.
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.
19.2 The
provisions of these Statutes come into force with
effect from the close of the Cebu General
Assembly on November 14, 2000 and prior thereto
the Statutes as amended at the Seoul General
Assembly on October 16, 1988 remain effective.
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.
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:
"Asian Region"
The geographical area or areas within Asia (including
Oceania) as determined by the
Council.
"Headquarters"
The administrative Headquarters of the Association
as provided by Article 2.2.
"Honorary
Member" An individual admitted to membership
of the Association pursuant to Article 5.5.
"Individual
Member", An individual admitted to membership
of the Association pursuant to Article 5
other than as an Honorary Member.
"Intellectual Property" All areas of
industrial or intellectual property law practiced
by Members.
"Member" A member of the Association
whether an individual Member or an Organization
Member.
"Organization Member" An organization
admitted to membership of the Association pursuant
to Article 5.
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, 1972.
2. (April 22, 1974)
The revision to the Statutes with respect to Article
14 shall become effective from the
fiscal year of 1975.
3. (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 1977.
4. (October 30,
1979) The revision to the Statutes with respect
to Article 14 shall become effective from the
fiscal year of 1980.
5. (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 1989.
6. (November 14,
2000) The extensive revisions to the whole text
of the Statutes shall become effective
from November 14, 2000.
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