Section 102p. 102

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

(ii)

give

directions

concerning

the

preparation

for

conferences of revision to the International Bureau of

Intellectual

Property

(hereinafter

designated

as

"the

International

Bureau")

referred to in the Convention

Establishing the World Intellectual Property Organization

(hereinafter

designated

as

'the

Organization'),

due

account being taken of any comments made by those

countries of the Union which are not bound by Articles 22

to 26;

(iii) review and approve the reports and activities of the

Director General of the Organization concerning the

Union, and give him all necessary instructions concerning

matters within the competence of the Union;

(iv) elect the members of the Executive Committee of the

Assembly;

(v) review and approve the reports and activities of its

Executive

Committee,

and

give instructions to such

Committee;

(vi)

determine the program and adopt the biennial

budget of the Union, and approve its final accounts;

(vii) adopt the financial regulations of the Union;

(viii) establish such committees of experts and working

groups as may be necessary for the work of the Union;

(ix) determine which countries not members of the Union

and

which

intergovernmental

and

international

non-governmental organizations shall be admitted to its

meetings as observers;

(x) adopt amendments to Articles 22 to 26;

(xi) take any other appropriate action designed to further

the objectives of the Union;

(xii) exercise such other functions as are appropriate

under this Convention;

(xiii) subject to its acceptance, exercise such rights as are

given

to

it

in

the

Convention

establishing

the

Organization.

(b) With respect to matters which are of interest also to

other

Unions administered by the Organization, the

Assembly shall make its decisions after having heard the

advice

of

the

Coordination

Committee

of

the

Organization.

(3) (a) Each country member of the Assembly shall have

one vote.

(b) One-half of the countries members of the Assembly

shall constitute a quorum.

(c) Notwithstanding the provisions of subparagraph ( b ), if,

in any session, the number of countries represented is

less than one-half but equal to or more than one-third of

the countries members of the Assembly, the Assembly

may make decisions but, with the exception of decisions

concerning its own procedure, all such decisions shall

take effect only if the following conditions are fulfilled.

The International Bureau shall communicate the said

decisions to the countries members of the Assembly

which 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 countries

having thus expressed their vote or abstention attains the

number of countries 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.

(d) Subject to the provisions of Article 26(2), the decisions

of the Assembly shall require two-thirds of the votes cast.

(e) Abstentions shall not be considered as votes.

(f) A delegate may represent, and vote in the name of,

one country only.

(g) Countries of the Union not members of the Assembly

shall be admitted to its meetings as observers.

(4) (a) The Assembly shall meet once in every second

calendar year in ordinary session upon convocation by

the Director General and, in the absence of exceptional

circumstances, during the same period and at the same

place as the General Assembly of the Organization.

(b) The Assembly shall meet in extraordinary session

upon convocation by the Director General, at the request

of

the

Executive

Committee

or

at

the

request

of

one-fourth of the countries members of the Assembly.

(5) The Assembly shall adopt its own rules of procedure.

ARTICLE 23

Executive Committee : 1 . Constitution ; 2 . Composition ; 3 .

Number of Members ; 4 . Geographical Distribution ;

Special Agreements ; 5 . Term, Limits of Re-eligibility, Rules

of Election ; 6 . Tasks ; 7 . Convocation ;

8 . Quorum, Voting ; 9 . Observers ; 10 . Rules of Procedure

1) The Assembly shall have an Executive Committee.

(2) (a) The Executive Committee shall consist of countries

elected

by

the

Assembly

from

among

countries

members of the Assembly. Furthermore, the country on

whose territory the Organization has its headquarters

shall, subject to the provisions of Article 25(7)( b ), have an

ex officio seat on the Committee.

(b) The Government of each country member of the

Executive

Committee

shall

be

represented

by

one

delegate, who may be assisted by alternate delegates,

advisors, and experts.

(c) The expenses of each delegation shall be borne by the

Government which has appointed it.

(3) The number of countries members of the Executive

Committee shall correspond to one-fourth of the number

of countries members of the Assembly. In establishing

the number of seats to be filled, remainders after division

by four shall be disregarded.

(4) In electing the members of the Executive Committee,

the Assembly shall have due regard to an equitable

geographical distribution and to the need for countries

party

to

the

Special

Agreements

which

might

be

established in relation with the Union to be among the

countries constituting the Executive Committee.

(5) (a) Each member of the Executive Committee shall

serve from the close of the session of the Assembly which

elected it to the close of the next ordinary session of the

Assembly.

(b)

Members

of

the

Executive

Committee

may

be

reelected, but not more than two-thirds of them.

(c) The Assembly shall establish the details of the rules

governing the election and possible re-election of the

members of the Executive Committee.

(6) (a) The Executive Committee shall:

(i) prepare the draft agenda of the Assembly;

(ii) submit proposals to the Assembly respecting the draft

program and biennial budget of the Union prepared by

the Director General;

(iii) [deleted]

(iv) submit, with appropriate comments, to the Assembly

the periodical reports of the Director General and the

yearly audit reports on the accounts;

(v) in accordance with the decisions of the Assembly and

having regard to circumstances arising between two

ordinary sessions of the Assembly, take all necessary

measures to ensure the execution of the program of the

Union by the Director General;

(vi) Perform such other functions as are allocated to it

under this Convention.

(b) With respect to matters which are of interest also to

other

Unions administered by the Organization, the

Executive

Committee

shall

make

its

decisions

after

© Compiled by RGL

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