(b) The cost referred to in subparagraph (a) is to be understood as cost
over and above costs normally incident to the performance of the services of a
national Office or the obligations of an International Searching Authority.
(6) The details concerning the implementation of the provisions of this
Article shall be governed by decisions of the Assembly and, within the limits to
be fixed by the Assembly, such working groups as the Assembly may set up for
that purpose.
(7) The Assembly shall, when it considers it necessary, recommend
methods of providing financing supplementary to those referred to in
paragraph (5).
Article 51
Technical Assistance
(1) The Assembly shall establish a Committee for Technical Assistance
(referred to in this Article as “the Committee”).
(2)(a) The members of the Committee shall be elected among the
Contracting States, with due regard to the representation of developing
countries.
(b) The Director General shall, on his own initiative or at the request of
the Committee, invite representatives of intergovernmental organizations
concerned with technical assistance to developing countries to participate in the
work of the Committee.
(3)(a) The task of the Committee shall be to organize and supervise
technical assistance for Contracting States which are developing countries in
developing their patent systems individually or on a regional basis.
(b) The technical assistance shall comprise, among other things, the
training of specialists, the loaning of experts, and the supply of equipment both
for demonstration and for operational purposes.
(4) The International Bureau shall seek to enter into agreements, on the one
hand, with international financing organizations and intergovernmental
organizations, particularly the United Nations, the agencies of the United
Nations, and the Specialized Agencies connected with the United Nations
concerned with technical assistance, and, on the other hand, with the Governments of the States receiving the technical assistance, for the financing
of projects pursuant to this Article.
(5) The details concerning the implementation of the provisions of this
Article shall be governed by decisions of the Assembly and, within the limits to
be fixed by the Assembly, such working groups as the Assembly may set up for
that purpose.
Article 52
Relations with Other Provisions of the Treaty
Nothing in this Chapter shall affect the financial provisions contained in any
other Chapter of this Treaty. Such provisions are not applicable to the present
Chapter or to its implementation.
CHAPTER V
ADMINISTRATIVE PROVISIONS
Article 53
Assembly
(1)(a) The Assembly shall, subject to Article 57(8), consist of the
Contracting States.
(b) The Government of each Contracting State shall be represented by
one delegate, who may be assisted by alternate delegates, advisors, and experts.
(2)(a) The Assembly shall:
(i) deal with all matters concerning the maintenance and
development of the Union and the implementation of this Treaty;
(ii) perform such tasks as are specifically assigned to it under other
provisions of this Treaty;
(iii) give directions to the International Bureau concerning the
preparation for revision conferences;
(iv) review and approve the reports and activities of the Director
General concerning the Union, and give him all necessary instructions
concerning matters within the competence of the Union;
(v) review and approve the reports and activities of the Executive
Committee established under paragraph (9), and give instructions to such
Committee;
(vi) determine the program and adopt the triennial2 budget of the
Union, and approve its final accounts;
(vii) adopt the financial regulations of the Union;
(viii) establish such committees and working groups as it deems
appropriate to achieve the objectives of the Union;
(ix) determine which States other than Contracting States and, subject
to the provisions of paragraph (8), which intergovernmental and international
non-governmental organizations shall be admitted to its meetings as observers;
(x) take any other appropriate action designed to further the
objectives of the Union and perform such other functions as are appropriate
under this Treaty.
(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 delegate may represent, and vote in the name of, one State only.
(4) Each Contracting State shall have one vote.
(5)(a) One-half of the Contracting States shall constitute a quorum.
(b) In the absence of the quorum, the Assembly may make decisions but,
with the exception of decisions concerning its own procedure, all such decisions
shall take effect only if the quorum and the required majority are attained
through voting by correspondence as provided in the Regulations.
(6)(a) Subject to the provisions of Articles 47(2)(b), 58(2)(b), 58(3)
and 61(2)(b), the decisions of the Assembly shall require two-thirds of the votes
cast.
(b) Abstentions shall not be considered as votes.
(7) In connection with matters of exclusive interest to States bound by
Chapter II, any reference to Contracting States in paragraphs (4), (5), and (6),
shall be considered as applying only to States bound by Chapter II.
(8) Any intergovernmental organization appointed as International
Searching or Preliminary Examining Authority shall be admitted as observer to
the Assembly.
(9) When the number of Contracting States exceeds forty, the Assembly
shall establish an Executive Committee. Any reference to the Executive Committee in this Treaty and the Regulations shall be construed as references to
such Committee once it has been established.
(10) Until the Executive Committee has been established, the Assembly
shall approve, within the limits of the program and triennial3 budget, the annual
programs and budgets prepared by the Director General.
(11)(a) The Assembly shall meet 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 Contracting States.
(12) The Assembly shall adopt its own rules of procedure.
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2 Editor’s Note: Since 1980, the program and budget of the Union have been biennial.
3 Editor’s Note: Since 1980, the program and budget of the Union have been biennial. |
