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APAA簡介
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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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Copyright 2001
APAA Taiwan Group All rights reserved.
Asian Patent Attorneys Association Taiwan Group
本會地址:台北市106敦化南路一段245號8樓 TEL(02)2781-4111 FAX(02)27213834
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