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REGULATIONS FOR THE ASIAN PATENT ATTORNEYS ASSOCIATION.
adopted at the Seoul Council Meeting of October 15, 1988, amended at the Niigata Council Meeting of October 29, 1994, and amended extensively at the Cebu General Assembly of November 14, 2000, amended at the Wellington Council Meeting of November 6, 2002, adopted at the Kota Kinabalu General Assembly of October 21, 2002, adopted at the Kaohsiung General Assembly of November 8, 2006.
1. Application for Membership
1.1 An individual resident in any area of the Asian Region where there is no Recognized Group and seeking to be an Individual Member shall apply to Headquarters on the form as prescribed by Headquarters together with such evidence of professional qualification and experience as a patent attorney as Headquarters and the Council may require. The application must be supported by the written recommendations of two existing Individual Members testifying to the individual's qualifications for membership of the Association.
1.2 In the case of an application from an organization constituted in any area of the Asian Region where there is no Recognized Group and seeking to be an Organization Member, the application must be similarly supported and specify the persons within the organization who in their own right would be qualified to be Individual Members with details regarding their professional qualifications and experience.
1.3 Applications for membership made to Headquarters are to be approved at a Council Meeting or by written endorsement by Council Members upon receipt of the application detail.
2. Recognized Groups
2.1 A Recognized Group must:
(1) consider all applications for membership of the Recognized Group in accordance with the Statutes and Regulations of the Association and the rules of the Recognized Group;
(2) inform Headquarters of all new admissions to membership and decisions that are taken to refuse admission with reasons for the refusal;
(3) inform Headquarters of all resignations and cancellations of memberships with reasons for the resignations and cancellations;
(4) submit annually to Headquarters a list of the members and office bearers of the Recognized Group as of January 1 each year;
(5) send to Headquarters by the end of March in each year the annual subscriptions due in respect of its members as of the previous January 1;
(6) inform the President and Headquarters of the names of candidates for Council Members prior to an Ordinary General Assembly;
(7) inform the President, Chairpersons of Committees and Headquarters of the names of the candidates for Committee members prior to an Ordinary General Assembly;
(8) distribute to its members copies of the minutes of a Meeting "APAA News" and other publications released by the Association;
(9) distribute to its members copies of a registration form and programme for a Meeting;
(10) send to Headquarters by the date stipulated the most-up-dated list of its members incorporating their names, addresses (including e-mail), telephone and fax numbers;
(11) submit to Headquarters by the date stipulated a report together with the name of the person who will present the report at a Meeting, to be written and presented in compliance with the President's guidelines.
3.1 Meetings will normally be held within the Asian Region unless otherwise decided by the Council.
3.2 Any Recognized Group or any number of Individual Members resident in the Asian Region where a Recognized Group has not been formed may invite the Association to hold a Meeting in its area of the Asian Region.
3.3 Such an invitation shall be issued to the President through Headquarters and if accepted it shall be the responsibility of the Recognized Group or Members to host and organize the Meeting taking account of the matters referred to in paragraphs 3.4 and 3.5. In considering the invitation, the President and the Council shall have regard to the concentration of the membership in the Association, the areas where any Meetings have been previously held and the desirability of holding Meetings in as many areas of the Asian Region as possible.
3.5 After the Meeting, the host Group must submit to Headquarters the following matters without delay:
(1) a summary of social events and functions (e.g. welcome reception, excursion, etc.) in English;
(2) names and titles of the official guests;
(3) a copy of the final list of participants after any necessary corrections are made;
4.1 Subject to Regulation 4.2, the membership of a Committee (other than an advisory body) will be determined by the President having regard to the subject matter to be considered by the Committee, the qualifications, expertise and experience required for the subject matter, the need for representation from all areas within the Asian Region, the work involved within the area of a Recognized Group, the need for a Recognized Group to be represented at each Committee Meeting and such other factors as the President and the Council consider appropriate.
4.2 (1) The President shall invite each Recognized Group to nominate Individual Member(s) to sit on a Committee and such nomination is to be referred to the Council for approval.
(2) Where an area has no Recognized Group, the President shall with the approval of the Council invite Individual Member(s) from the area to sit on a Committee.
(3) The number of Committee members to be nominated or invited shall take into account the factors referred to in Regulation 4.1.
4.3 The President after consultation with the Presidents of the Recognized Groups may nominate Individual Member(s) of Recognized Group(s) to be the Chairperson(s) of a Committee, such nomination to be referred to the Council for approval.
4.4 A Committee Meeting may be held in conjunction with a General Assembly or a Council Meeting or may be separately convened by the Chairperson(s) of the Committee concerned with the approval of the President.
5. Terms of Office for Committee Chairpersons and Committee Members
5.1 The term of office of a Chairperson is three years from a General Assembly. This term can be extended once only, so that the maximum term of office is six years.
5.2 Where a Committee has two Chairpersons, the commencement and termination of the terms of office of the Chairpersons of the Committee shall preferably not coincide.
5.3 Should a Chairperson vacate his or her office before the expiry of his or her term of office for whatever reason, the President shall, after considertation with the others ` Chairperson (if any) of the Committee and the Presidents of the Recognized Groups, appoint a replacement Chairperson. In this event, the term of office of the replacement Chairperson shall be until the next General Assembly.
5.4 The term of office of a Committee member is three years from a General Assembly and a Committee member from a Recognized Group may be re-nominated only once for that Committee if that Recognized Group so determines, so that the maximum term of office is six years.
5.5 A Recognized Group can replace, or temporarily substitute, a Committee member and shall notify the Chairperson(s) of the Committee concerned and Headquarters of the replacement of substitution. The term of office of any replacement Committee member shall expire at the next General Assembly.
5.6 If a Recognized Group for any reason has difficulty complying with the requirements specified in this Regulation, the Group may put forward a proposal seeking dispensation and the President or the Council may grant such a dispensation.
6.1 A General Assembly may be attended by:
(1) an Individual Member;
(2) not more than 3 Representatives of an Organization Member;
(3) an official guest invited by the President;
(4) an observer, subject to the following:
(a) the observer must be sponsored in writing in the prescribed form by an Individual Member and the sponsorship must be approved by Headquarters;
(b) if the observer is from outside of the Asian Region, he or she must hold professional qualifications which would entitle the observer to membership in the Association had the observer been resident in the region;
(c) if the observer resides and works in the Asian Region and holds professional qualifications which would entitle the observer to membership in the Association, he or she can only attend one Meeting as an observer;
(d) if the observer resides within an area represented by a Recognized Group, his or her sponsorship must be approved by that Recognized Group.
(5) not more than 2 non-qualified office staff from the office of a Member or an Organization Member as accompanying person(s) thereof.
6.2 A Council Meeting may be attended by:
(1) a Council Member;
(3) an observer who shall be:
(a) an Individual Member who is not a Council Member,
(c) a poerson who is sponsored in the manner as prescribed under Regulation 6.1(4) above:
(d) a non-qualified staff as prescribed under Regulation 6.1(5) above.
6.3 A Committee Meeting may be attended by:
(1) The President;
(2) a member of the Committee;
(3) a member co-opted by the Committee with the approval of the President to assist with the work of the Committee;
(4) any guest invited by the President or the Chairperson;
(5) any observer invited by the President or the Chairperson.
6.5 Where an Individual Member sponsors an observer at any Meeting, the sponsoring members shall be responsible for the Observer at that Meeting.
7. Subscriptions and Fees
7.1 Annual subscriptions for the Association payable in a currency to be determined by the Council shall be the equivalent of:
(1) In the case of an Japanese Yen 11,000 - Became Individual Member effective from the fiscal year of 2004.
7.2 The subscriptions shall be paid to Headquarters on or before March 31 or as otherwise specified by Headquarters with the approval of the Council. In the event that any Recognized Group does not report the number of current members as required under Regulation 2.1(4) above, the subscriptions for that Group will be determined on the basis of the last report submitted.
7.3 The fees for attending any Meeting shall be set to cover all costs of that Meeting including a reasonable allowance for costs incurred by Headquarters. The fees shall be set to cover the following classes of attendees:
7.4 The fee for an observer who is a Member shall be the same as the fee payable by an Individual Member.
7.5 The fee for an observer who is not a member of the Association shall be set at a sum which is at least 1.5 times the fee payable by an Individual Member, except that where an Observer attends as a guest to present a paper or provide other support to the Association, the registration fee, if any, of such as Observer may be set at the discretion of the President or the Council.
7.6 The fee for a non-qualified office staff and an observer from within the Asian Region shall be set at a sum which is between the fee payable by an Individual Member and the fee payable by an Observer from outside the region.
7.7 Any interpreter, administrative or clerical staff of Headquarters required to participate in any Meeting shall not be required to pay any registration fee.
8. Official Representation from the Association
8.1 The President in consultation with the Chairperson(s) of Committees shall determine the desired level of official reporesentation from the Association at any meeting of organizations relevant to the affairs of the Association.
8.2 A subsidy of up to US$2,500 may at the discretion of the President in consultation with the Chairperson(s) be paid to an Individual Member attending a meeting as an official representative of the Association.
8.3 The official representative of the Association shall submit to the President a detailed report on the meeting attended by him or her.
9. Suspension of Members and Recognized Groups
9.1 Members and Recognized Groups have an obligation and duty to ensure all subscriptions, fees and other monies due and payable to the Association are kept current and paid promptly when due.
9.2 If any subscriptioin, fee or any other money due and payable to the Association remains unpaid six months after the due date, a notice of default shall be sent by Headquarters to the Member in default, with a copy of the notice to the Recognized Group concerned for its information and record. The notice will include advice that the matter will be formally raised at the next Council Meeting.
9.3 If the subscription, fee or any other money still remains unpaid at the next Council Meeting, the Council considering the default notice shall in the absence of any compelling reason suspend the Member in default.
9.4 Suspension will automatically be lifted when the subscription, fee or any other money is paid.
9.5 If the subscription, fee or any other money still remains unpaid after one year from the date of the suspension, the Member in default shall in the basence of any compelling reason be expelled from the Association by the Council at a Council Meeting.
9.6 (1) If the Member in default satisfies the Council that the subscription, fee or any other money has been paid to a Recognized Group and the Recognized Group is in default, the Council may place the Recognized Group on notice of suspension.
(2) If, after three months of the issue of the notice of suspension, fee or any other money is still not paid, the Recognized Group may be suspended in accordance with the Statutes.
(3) The suspension will be lifted upon the outstanding subscription, fee or any other money being paid but if payment is made six months after the date of suspension, the Recognized Group may only be re-established if the Council approves its new rules and regulations.
9.7 (1) If any Member 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, a notice shall be sent by the President to the Member specifying the act involved. Upon receipt of the notice, the Member shall within the period stated in the notice submit a response in writing, addressing specifically the allegations, statements and requests contained in the notice.
(2) Upon receipt of the response, the President shall consider the response and may decide to refer the matter for consideration at the next Council Meeting or suspend the Member until the next Council Meeting. The President will inform the Member of the decision.
(3) At the next Council Meeting, the Council shall, after considering the matter, accept the response, lift the suspension by the President, reprimand, suspend or expel the Member.
10.1 The duties of any Secretary-General appointed by the President shall include:
(1) maintaining a list of the Members and any other records of the Association
(2) keeping the minutes of all Meetings
(3) keeping the Group Presidents and, where there is no Recognized Group, Individual Members informed of the Association's activities and other matters, as required.
10.2 The Secretary-General shall have appointed as assistants for any Meeting or for any business of the Association such interpreters, administrative and clerical staff as is necessary to conduct the Meeting or the business properly and efficiently.
10.3 The Secretary-General's place of business shall usually be at Headquarters.
10.4 Any Treasurer appointed by the President shall supervise the Association's accounts at Headquarters.
11.1 These Regulations may be amended by the Council in accordance with Article 21.1 of the Statutes.
11.2 The provisions of these Regulations come into force immediately upon amendment at the Cebu Council Meeting on November 14, 2000 and prior thereto the Regulations as amended at the Niigata Council Meeting on October 29, 1994 remain effective.
12.1 In these Regulations, the following terms shall where the context permits have the following meanings:
" Meeting" A Committee Meeting, Council Meeting or General Assembly.
" Representative" a person who is an Individual Member or is qualified to be an Individual Member.
12.2 Any terms or expressions defined by the Statutes shall where the context permits have the same meaning in these Regulations.
1. (November 12, 1991) The revision to the Regulations with respect to Section 9.A. shall become effective from the fiscal year of 1992.
2. (October 29, 1994) The additions to the Regulations with respect to Sections 4, 7, 12, and 13.D.&E. shall become effective from October 29, 1994.
3. (November 14, 2000) The extensive revisions to the whole text of the Regulations shall become effective from November 14, 2000.
4. (November 6, 2000) The revision to Section 8.2 regarding the amount of a subsidy shall become effective from the fiscal year of 2003.
5. (October 21, 2003) The revision to Section 7.1 regarding the amount of the subscriptions shall become effective from the fiscal year of 2004.
6. (November 8, 2006) The revision to Section 7.1 regarding the currency in which subscriptions are payable shall become effective from the fiscal year 2007.
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