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The Contracting Parties,
Desiring to contribute to better understanding and co-operation among States for their mutual benefit on the basis of respect for their sovereignty and equality,
Desiring, in order to encourage creative activity, to promote the protection of intellectual property throughout the world,
Desiring to modernize and render more efficient the administration of the Unions established in the fields of the protection of industrial property and the protection of literary and artistic works, while fully respecting the independence of each of the Unions,
Agree as follows:
Desiring to contribute to better understanding and co-operation among States for their mutual benefit on the basis of respect for their sovereignty and equality,
Desiring, in order to encourage creative activity, to promote the protection of intellectual property throughout the world,
Desiring to modernize and render more efficient the administration of the Unions established in the fields of the protection of industrial property and the protection of literary and artistic works, while fully respecting the independence of each of the Unions,
Agree as follows:
Article 2 Definitions
For the purposes of this Convention:
(i) "Organization" shall mean the World Intellectual Property Organization (WIPO);
(ii) "International Bureau" shall mean the International Bureau of Intellectual Property;
(iii) "Paris Convention" shall mean the Convention for the Protection of Industrial Property signed on March 20, 1883, including any of its revisions;
(iv) "Berne Convention" shall mean the Convention for the Protection of Literary and Artistic Works signed on September 9, 1886, including any of its revisions;
(v) "Paris Union" shall mean the International Union established by the Paris Convention;
(vi) "Berne Union" shall mean the International Union established by the Berne Convention;
(vii) "Unions" shall mean the Paris Union, the Special Unions and Agreements established in relation with that Union, the Berne Union, and any other international agreement designed to promote the protection of intellectual property whose administration is assumed by the Organization according to Article 4(iii);
(viii) "intellectual property" shall include the rights relating to:
– literary, artistic and scientific works,
– performances of performing artists, phonograms, and broadcasts,
– inventions in all fields of human endeavor,
– scientific discoveries,
– industrial designs,
– trademarks, service marks, and commercial names and designations,
– protection against unfair competition,
and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.
For the purposes of this Convention:
(i) "Organization" shall mean the World Intellectual Property Organization (WIPO);
(ii) "International Bureau" shall mean the International Bureau of Intellectual Property;
(iii) "Paris Convention" shall mean the Convention for the Protection of Industrial Property signed on March 20, 1883, including any of its revisions;
(iv) "Berne Convention" shall mean the Convention for the Protection of Literary and Artistic Works signed on September 9, 1886, including any of its revisions;
(v) "Paris Union" shall mean the International Union established by the Paris Convention;
(vi) "Berne Union" shall mean the International Union established by the Berne Convention;
(vii) "Unions" shall mean the Paris Union, the Special Unions and Agreements established in relation with that Union, the Berne Union, and any other international agreement designed to promote the protection of intellectual property whose administration is assumed by the Organization according to Article 4(iii);
(viii) "intellectual property" shall include the rights relating to:
– literary, artistic and scientific works,
– performances of performing artists, phonograms, and broadcasts,
– inventions in all fields of human endeavor,
– scientific discoveries,
– industrial designs,
– trademarks, service marks, and commercial names and designations,
– protection against unfair competition,
and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.
第二條 定義
本公約中:
(1)“本組織”系指世界知識產(chǎn)權組織(縮寫WIPO);
(2)“國際局”系指知識產(chǎn)權國際局;
(3)“巴黎公約”系指1883年3月20日簽訂的保護工業(yè)產(chǎn)權公約及其一切修訂本;
(4)“伯爾尼公約”系指1886年9月9日簽訂的保護文學藝術作品公約及其一切修訂本;
(5)“巴黎聯(lián)盟”系指根據(jù)巴黎公約成立的國際聯(lián)盟;
(6)“伯爾尼聯(lián)盟”系指根據(jù)伯爾尼公約成立的國際聯(lián)盟;
(7)“各聯(lián)盟”系指根據(jù)第四條(3)繳由本組織經(jīng)營其行政事務的巴黎聯(lián)盟及與之有關的專門聯(lián)盟和協(xié)定、伯爾尼聯(lián)盟以及其他促進知識產(chǎn)權保護的國際協(xié)定;
(8)“知識產(chǎn)權”包括:
——關于文學、藝術和科學作品的權利;
——關于表演藝術家的演出、錄音和廣播的權利;
——關于人們努力在一切領域的發(fā)明的權利;
——關于科學發(fā)現(xiàn)的權利;
——關于工業(yè)品式樣的權利;
——關于商標、服務商標、廠商名稱和標記的權利;
——關于制止不正當競爭的權利;
以及在工業(yè)、科學、文學或藝術領域里一切其他來自知識活動的權利。
本公約中:
(1)“本組織”系指世界知識產(chǎn)權組織(縮寫WIPO);
(2)“國際局”系指知識產(chǎn)權國際局;
(3)“巴黎公約”系指1883年3月20日簽訂的保護工業(yè)產(chǎn)權公約及其一切修訂本;
(4)“伯爾尼公約”系指1886年9月9日簽訂的保護文學藝術作品公約及其一切修訂本;
(5)“巴黎聯(lián)盟”系指根據(jù)巴黎公約成立的國際聯(lián)盟;
(6)“伯爾尼聯(lián)盟”系指根據(jù)伯爾尼公約成立的國際聯(lián)盟;
(7)“各聯(lián)盟”系指根據(jù)第四條(3)繳由本組織經(jīng)營其行政事務的巴黎聯(lián)盟及與之有關的專門聯(lián)盟和協(xié)定、伯爾尼聯(lián)盟以及其他促進知識產(chǎn)權保護的國際協(xié)定;
(8)“知識產(chǎn)權”包括:
——關于文學、藝術和科學作品的權利;
——關于表演藝術家的演出、錄音和廣播的權利;
——關于人們努力在一切領域的發(fā)明的權利;
——關于科學發(fā)現(xiàn)的權利;
——關于工業(yè)品式樣的權利;
——關于商標、服務商標、廠商名稱和標記的權利;
——關于制止不正當競爭的權利;
以及在工業(yè)、科學、文學或藝術領域里一切其他來自知識活動的權利。
Article 3 Objectives of the Organization
The objectives of the Organization are:
(i) to promote the protection of intellectual property throughout the world through cooperation among States and, where appropriate, in collaboration with any other international organization,
(ii) to ensure administrative cooperation among the Unions.
The objectives of the Organization are:
(i) to promote the protection of intellectual property throughout the world through cooperation among States and, where appropriate, in collaboration with any other international organization,
(ii) to ensure administrative cooperation among the Unions.
Article 4 Functions
In order to attain the objectives described in Article 3, the Organization, through its appropriate organs, and subject to the competence of each of the Unions:
(i) shall promote the development of measures designed to facilitate the efficient protection of intellectual property throughout the world and to harmonize national legislation in this field;
(ii) shall perform the administrative tasks of the Paris Union, the Special Unions established in relation with that Union, and the Berne Union;
(iii) may agree to assume, or participate in, the administration of any other international agreement designed to promote the protection of intellectual property;
(iv) shall encourage the conclusion of international agreements designed to promote the protection of intellectual property;
(v) shall offer its cooperation to States requesting legal–technical assistance in the field of intellectual property;
(vi) shall assemble and disseminate information concerning the protection of intellectual property, carry out and promote studies in this field, and publish the results of such studies;
(vii) shall maintain services facilitating the international protection of intellectual property and, where appropriate, provide for registration in this field and the publication of the data concerning the registrations;
(viii) shall take all other appropriate action.
In order to attain the objectives described in Article 3, the Organization, through its appropriate organs, and subject to the competence of each of the Unions:
(i) shall promote the development of measures designed to facilitate the efficient protection of intellectual property throughout the world and to harmonize national legislation in this field;
(ii) shall perform the administrative tasks of the Paris Union, the Special Unions established in relation with that Union, and the Berne Union;
(iii) may agree to assume, or participate in, the administration of any other international agreement designed to promote the protection of intellectual property;
(iv) shall encourage the conclusion of international agreements designed to promote the protection of intellectual property;
(v) shall offer its cooperation to States requesting legal–technical assistance in the field of intellectual property;
(vi) shall assemble and disseminate information concerning the protection of intellectual property, carry out and promote studies in this field, and publish the results of such studies;
(vii) shall maintain services facilitating the international protection of intellectual property and, where appropriate, provide for registration in this field and the publication of the data concerning the registrations;
(viii) shall take all other appropriate action.
第四條 職權
為了實現(xiàn)第三條所述的宗旨,本組織通過其適當機構,并根據(jù)各聯(lián)盟的權限:
(1)促進旨在便利在全世界對知識產(chǎn)權的有效保護和協(xié)調(diào)各國有關這方面的法令的措施的發(fā)展;
(2)執(zhí)行巴黎聯(lián)盟及其有關專門聯(lián)盟和伯爾尼聯(lián)盟的行政任務;
(3)可同意擔任或參加其他旨在促進知識產(chǎn)權保護的國際協(xié)定的行政工作;
(4)鼓勵締結旨在促進知識產(chǎn)權保護的國際協(xié)定;
(5)對請求知識產(chǎn)權方面的法律——技術援助的國家給予合作;
(6)收集和傳播有關知識產(chǎn)權保護的情報,從事并促進這方面的研究,并公布這些研究的成果;
(7)提供促進知識產(chǎn)權國際保護的服務,并適當辦理這方面的注冊并公布有關注冊的資料;
(8)采取其他適當?shù)男袆印?
為了實現(xiàn)第三條所述的宗旨,本組織通過其適當機構,并根據(jù)各聯(lián)盟的權限:
(1)促進旨在便利在全世界對知識產(chǎn)權的有效保護和協(xié)調(diào)各國有關這方面的法令的措施的發(fā)展;
(2)執(zhí)行巴黎聯(lián)盟及其有關專門聯(lián)盟和伯爾尼聯(lián)盟的行政任務;
(3)可同意擔任或參加其他旨在促進知識產(chǎn)權保護的國際協(xié)定的行政工作;
(4)鼓勵締結旨在促進知識產(chǎn)權保護的國際協(xié)定;
(5)對請求知識產(chǎn)權方面的法律——技術援助的國家給予合作;
(6)收集和傳播有關知識產(chǎn)權保護的情報,從事并促進這方面的研究,并公布這些研究的成果;
(7)提供促進知識產(chǎn)權國際保護的服務,并適當辦理這方面的注冊并公布有關注冊的資料;
(8)采取其他適當?shù)男袆印?
Article 5 Membership
(1) Membership in the Organization shall be open to any State which is a member of any of the Unions as defined in Article 2(vii).
(2) Membership in the Organization shall be equally open to any State not a member of any of the Unions, provided that:
(i) it is a member of the United Nations, any of the Specialized Agencies brought into relationship with the United Nations, or the International Atomic Energy Agency, or is a party to the Statute of the International Court of Justice, or
(ii) it is invited by the General Assembly to become a party to this Convention.
(1) Membership in the Organization shall be open to any State which is a member of any of the Unions as defined in Article 2(vii).
(2) Membership in the Organization shall be equally open to any State not a member of any of the Unions, provided that:
(i) it is a member of the United Nations, any of the Specialized Agencies brought into relationship with the United Nations, or the International Atomic Energy Agency, or is a party to the Statute of the International Court of Justice, or
(ii) it is invited by the General Assembly to become a party to this Convention.
Article 6 General Assembly
(1)(a) There shall be a General Assembly consisting of the States party to this Convention which are members of any of the Unions.
(b) The Government of each State 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.
(2) The General Assembly shall:
(i) appoint the Director General upon nomination by the Coordination Committee;
(ii) review and approve reports of the Director General concerning the Organization and give him all necessary instructions;
(iii) review and approve the reports and activities of the Coordination Committee and give instructions to such Committee;
(iv) adopt the biennial budget of expenses common to the Unions;
(v) approve the measures proposed by the Director General concerning the administration of the international agreements referred to in Article 4(iii);
(vi) adopt the financial regulations of the Organization;
(vii) determine the working languages of the Secretariat, taking into consideration the practice of the United Nations;
(viii) invite States referred to under Article 5(2)(ii) to become party to this Convention;
(ix) determine which States not Members of the Organization and which intergovernmental and international non–governmental organizations shall be admitted to its meetings as observers;
(x) exercise such other functions as are appropriate under this Convention.
(3)(a) Each State, whether member of one or more Unions, shall have one vote in the General Assembly.
(b) One–half of the States members of the General Assembly shall constitute a quorum.
(c) Notwithstanding the provisions of subparagraph (b), if, in any session, the number of States represented is less than one–half but equal to or more than one–third of the States members of the General Assembly, the General 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 States members of the General 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 States having thus expressed their vote or abstention attains the number of States 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 subparagraphs (e) and (f), the General Assembly shall make its decisions by a majority of two–thirds of the votes cast.
(e) The approval of measures concerning the administration of international agreements referred to in Article 4(iii) shall require a majority of three–fourths of the votes cast.
(f) The approval of an agreement with the United Nations under Articles 57 and 63 of the Charter of the United Nations shall require a majority of nine–tenths of the votes cast.
(g) For the appointment of the Director General (paragraph (2)(i)), the approval of measures proposed by the Director General concerning the administration of international agreements (paragraph (2)(v)), and the transfer of headquarters (Article 10), the required majority must be attained not only in the General Assembly but also in the Assembly of the Paris Union and the Assembly of the Berne Union.
(h) Abstentions shall not be considered as votes.
(i) A delegate may represent, and vote in the name of, one State only.
(4)(a) The General Assembly shall meet once in every second calendar year in ordinary session, upon convocation by the Director General.
(b) The General Assembly shall meet in extraordinary session upon convocation by the Director General either at the request of the Coordination Committee or at the request of one–fourth of the States members of the General Assembly.
(c) Meetings shall be held at the headquarters of the Organization.
(5) States party to this Convention which are not members of any of the Unions shall be admitted to the meetings of the General Assembly as observers.
(6) The General Assembly shall adopt its own rules of procedure.
(1)(a) There shall be a General Assembly consisting of the States party to this Convention which are members of any of the Unions.
(b) The Government of each State 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.
(2) The General Assembly shall:
(i) appoint the Director General upon nomination by the Coordination Committee;
(ii) review and approve reports of the Director General concerning the Organization and give him all necessary instructions;
(iii) review and approve the reports and activities of the Coordination Committee and give instructions to such Committee;
(iv) adopt the biennial budget of expenses common to the Unions;
(v) approve the measures proposed by the Director General concerning the administration of the international agreements referred to in Article 4(iii);
(vi) adopt the financial regulations of the Organization;
(vii) determine the working languages of the Secretariat, taking into consideration the practice of the United Nations;
(viii) invite States referred to under Article 5(2)(ii) to become party to this Convention;
(ix) determine which States not Members of the Organization and which intergovernmental and international non–governmental organizations shall be admitted to its meetings as observers;
(x) exercise such other functions as are appropriate under this Convention.
(3)(a) Each State, whether member of one or more Unions, shall have one vote in the General Assembly.
(b) One–half of the States members of the General Assembly shall constitute a quorum.
(c) Notwithstanding the provisions of subparagraph (b), if, in any session, the number of States represented is less than one–half but equal to or more than one–third of the States members of the General Assembly, the General 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 States members of the General 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 States having thus expressed their vote or abstention attains the number of States 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 subparagraphs (e) and (f), the General Assembly shall make its decisions by a majority of two–thirds of the votes cast.
(e) The approval of measures concerning the administration of international agreements referred to in Article 4(iii) shall require a majority of three–fourths of the votes cast.
(f) The approval of an agreement with the United Nations under Articles 57 and 63 of the Charter of the United Nations shall require a majority of nine–tenths of the votes cast.
(g) For the appointment of the Director General (paragraph (2)(i)), the approval of measures proposed by the Director General concerning the administration of international agreements (paragraph (2)(v)), and the transfer of headquarters (Article 10), the required majority must be attained not only in the General Assembly but also in the Assembly of the Paris Union and the Assembly of the Berne Union.
(h) Abstentions shall not be considered as votes.
(i) A delegate may represent, and vote in the name of, one State only.
(4)(a) The General Assembly shall meet once in every second calendar year in ordinary session, upon convocation by the Director General.
(b) The General Assembly shall meet in extraordinary session upon convocation by the Director General either at the request of the Coordination Committee or at the request of one–fourth of the States members of the General Assembly.
(c) Meetings shall be held at the headquarters of the Organization.
(5) States party to this Convention which are not members of any of the Unions shall be admitted to the meetings of the General Assembly as observers.
(6) The General Assembly shall adopt its own rules of procedure.
第六條 大會
(1)①大會由參加本公約的各聯(lián)盟成員國組成。
②每一個國家政府應有一名代表,可輔以副代表、顧問和專家。
③各代表團的開支應由派遣國政府負擔。
(2)大會的職責:
①根據(jù)協(xié)調(diào)委員會提名,任命總干事;
②審核并批準總干事關于本組織的報告,并給其一切必要的指示;
③審核并批準協(xié)調(diào)委員會的報告及活動,并給其指示;
④通過各聯(lián)盟共同的三年開支預算;
⑤批準總干事提出的關于第四條(3)款所指的國際協(xié)定的行政管理措施;
⑥通過本組織的財務條例;
⑦參照聯(lián)合國的慣例,決定秘書處的工作語言;
⑧邀請第五條(3)款②所指的國家參加本公約;
⑨決定那些沒有參加本組織的國家和那些政府間和非政府性的國際組織可派觀察員參加會議;
⑩行使其它合于會公約的適當職權。
(3)①每一個國家,無論其是一個或幾個聯(lián)盟的成員,在大會中應有一票表決權。
②大會成員國的半數(shù)構成法定人數(shù)。
③盡管有②小段的規(guī)定,如遇出席會議的國家數(shù)目不夠半數(shù),但相當于或多于大會成員國的三分之一時,大會可以作出決議,但是,除關于其本身程序的決議外,所有這些決議只有符合下列條件才能生效:國際局應將這些決議草案通知未出席的大會成員國,并應請它們在通知書發(fā)出之日起三個月內(nèi)以書面表示投什么票或棄權。如在上述期限屆滿時,已這樣表示投什么票或棄權的國家數(shù)目達到會議法定人數(shù)所缺少的數(shù)目,這些決議只要同時也取得了規(guī)定的多數(shù)票,即應生效。
④除⑤和⑥小段的規(guī)定者外,大會決議應由三分之二多數(shù)票通過。
⑤批準關于第四條(3)款所指的國際協(xié)定的行政管理措施,需四分之三多數(shù)票通過。
⑥批準根據(jù)聯(lián)合國憲章第57和63條,與聯(lián)合國簽訂的協(xié)定需十分之九多數(shù)票通過。
⑦任命總干事(第2款(1)),批準總干事提出的關于國際協(xié)定的行政管理措施(第2款(5)),以及遷移總部(第十條),不僅須經(jīng)本組織大會,以規(guī)定的多數(shù)票通過,而且須經(jīng)巴黎聯(lián)盟大會和伯爾尼聯(lián)盟大會以規(guī)定的多數(shù)票通過。
⑧棄權應不視為投票。
⑨一名代表只代表一國,并只能以一國名義投票。
(4)①大會例會每三年由總干事召開一次。
②大會特別會議應由總干事按協(xié)調(diào)委員會的請求,或按大會四分之一的成員國的請求召開。
③會議應在本組織總部舉行。
(5)已參加本公約,但并非任何聯(lián)盟成員的國家應允許作為觀察員參加大會的會議。
(6)大會應通過自己的議事規(guī)則。
(1)①大會由參加本公約的各聯(lián)盟成員國組成。
②每一個國家政府應有一名代表,可輔以副代表、顧問和專家。
③各代表團的開支應由派遣國政府負擔。
(2)大會的職責:
①根據(jù)協(xié)調(diào)委員會提名,任命總干事;
②審核并批準總干事關于本組織的報告,并給其一切必要的指示;
③審核并批準協(xié)調(diào)委員會的報告及活動,并給其指示;
④通過各聯(lián)盟共同的三年開支預算;
⑤批準總干事提出的關于第四條(3)款所指的國際協(xié)定的行政管理措施;
⑥通過本組織的財務條例;
⑦參照聯(lián)合國的慣例,決定秘書處的工作語言;
⑧邀請第五條(3)款②所指的國家參加本公約;
⑨決定那些沒有參加本組織的國家和那些政府間和非政府性的國際組織可派觀察員參加會議;
⑩行使其它合于會公約的適當職權。
(3)①每一個國家,無論其是一個或幾個聯(lián)盟的成員,在大會中應有一票表決權。
②大會成員國的半數(shù)構成法定人數(shù)。
③盡管有②小段的規(guī)定,如遇出席會議的國家數(shù)目不夠半數(shù),但相當于或多于大會成員國的三分之一時,大會可以作出決議,但是,除關于其本身程序的決議外,所有這些決議只有符合下列條件才能生效:國際局應將這些決議草案通知未出席的大會成員國,并應請它們在通知書發(fā)出之日起三個月內(nèi)以書面表示投什么票或棄權。如在上述期限屆滿時,已這樣表示投什么票或棄權的國家數(shù)目達到會議法定人數(shù)所缺少的數(shù)目,這些決議只要同時也取得了規(guī)定的多數(shù)票,即應生效。
④除⑤和⑥小段的規(guī)定者外,大會決議應由三分之二多數(shù)票通過。
⑤批準關于第四條(3)款所指的國際協(xié)定的行政管理措施,需四分之三多數(shù)票通過。
⑥批準根據(jù)聯(lián)合國憲章第57和63條,與聯(lián)合國簽訂的協(xié)定需十分之九多數(shù)票通過。
⑦任命總干事(第2款(1)),批準總干事提出的關于國際協(xié)定的行政管理措施(第2款(5)),以及遷移總部(第十條),不僅須經(jīng)本組織大會,以規(guī)定的多數(shù)票通過,而且須經(jīng)巴黎聯(lián)盟大會和伯爾尼聯(lián)盟大會以規(guī)定的多數(shù)票通過。
⑧棄權應不視為投票。
⑨一名代表只代表一國,并只能以一國名義投票。
(4)①大會例會每三年由總干事召開一次。
②大會特別會議應由總干事按協(xié)調(diào)委員會的請求,或按大會四分之一的成員國的請求召開。
③會議應在本組織總部舉行。
(5)已參加本公約,但并非任何聯(lián)盟成員的國家應允許作為觀察員參加大會的會議。
(6)大會應通過自己的議事規(guī)則。
Article 7 Conference
(1)(a) There shall be a Conference consisting of the States party to this Convention whether or not they are members of any of the Unions.
(b) The Government of each State 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.
(2) The Conference shall:
(i) discuss matters of general interest in the field of intellectual property and may adopt recommendations relating to such matters, having regard for the competence and autonomy of the Unions;
(ii) adopt the biennial budget of the Conference;
(iii) within the limits of the budget of the Conference, establish the biennial program of legal–technical assistance;
(iv) adopt amendments to this Convention as provided in Article 17;
(v) determine which States not Members of the Organization and which intergovernmental and international non–governmental organizations shall be admitted to its meetings as observers;
(vi) exercise such other functions as are appropriate under this Convention.
(3)(a) Each Member State shall have one vote in the Conference.
(b) One–third of the Member States shall constitute a quorum.
(c) Subject to the provisions of Article 17, the Conference shall make its decisions by a majority of two–thirds of the votes cast.
(d) The amounts of the contributions of States party to this Convention not members of any of the Unions shall be fixed by a vote in which only the delegates of such States shall have the right to vote.
(e) Abstentions shall not be considered as votes.
(f) A delegate may represent, and vote in the name of, one State only.
(4)(a) The Conference shall meet in ordinary session, upon convocation by the Director General, during the same period and at the same place as the General Assembly.
(b) The Conference shall meet in extraordinary session, upon convocation by the Director General, at the request of the majority of the Member States.
(5) The Conference shall adopt its own rules of procedure.
(1)(a) There shall be a Conference consisting of the States party to this Convention whether or not they are members of any of the Unions.
(b) The Government of each State 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.
(2) The Conference shall:
(i) discuss matters of general interest in the field of intellectual property and may adopt recommendations relating to such matters, having regard for the competence and autonomy of the Unions;
(ii) adopt the biennial budget of the Conference;
(iii) within the limits of the budget of the Conference, establish the biennial program of legal–technical assistance;
(iv) adopt amendments to this Convention as provided in Article 17;
(v) determine which States not Members of the Organization and which intergovernmental and international non–governmental organizations shall be admitted to its meetings as observers;
(vi) exercise such other functions as are appropriate under this Convention.
(3)(a) Each Member State shall have one vote in the Conference.
(b) One–third of the Member States shall constitute a quorum.
(c) Subject to the provisions of Article 17, the Conference shall make its decisions by a majority of two–thirds of the votes cast.
(d) The amounts of the contributions of States party to this Convention not members of any of the Unions shall be fixed by a vote in which only the delegates of such States shall have the right to vote.
(e) Abstentions shall not be considered as votes.
(f) A delegate may represent, and vote in the name of, one State only.
(4)(a) The Conference shall meet in ordinary session, upon convocation by the Director General, during the same period and at the same place as the General Assembly.
(b) The Conference shall meet in extraordinary session, upon convocation by the Director General, at the request of the majority of the Member States.
(5) The Conference shall adopt its own rules of procedure.
第七條 成員國會議
(1)①成員國會議由參加本公約的國家,不論其是否為任何聯(lián)盟的成員組成。
②每一個國家政府應有一名代表,可輔以副代表、顧問和專家。
③各代表團的開支應由派遣國政府負擔。
(2)成員國會議的職責:
①討論知識產(chǎn)權方面共同有興趣的事項,并且可在尊重各聯(lián)盟的權限和自主的條件下,就此類事項通過建議;
②通過成員國會議的三年預算;
③在成員國會議預算的限度內(nèi),制定三年法律——技術援助計劃;
④按第十七條規(guī)定,通過對本公約的修訂;
⑤決定那些沒有參加本組織的國家和那些政府間的和非政府性的國際組織可派觀察員參加其會議;
⑥行使其它合于本公約的適當職權。
(3)①每一個成員國在成員國會議中應有一票表決權。
②成員國的三分之一構成法定人數(shù)。
③除第十七條的規(guī)定外,會議應以三分之二的多數(shù)票作出決定。
④對參加本公約但沒有參加任何聯(lián)盟的國家的會費數(shù)目的決定,只有這類國家的代表有表決權。
⑤棄權應不視為投票。
⑥一名代表只可代表一國,并僅可以一國名義投票。
(4)①成員國會議例會應由總干事召開,與大會同期同地舉行。
②成員國會議的特別會議應由總干事按多數(shù)成員國的請求召開。
(5)成員國會議應通過自己的議事規(guī)則。
(1)①成員國會議由參加本公約的國家,不論其是否為任何聯(lián)盟的成員組成。
②每一個國家政府應有一名代表,可輔以副代表、顧問和專家。
③各代表團的開支應由派遣國政府負擔。
(2)成員國會議的職責:
①討論知識產(chǎn)權方面共同有興趣的事項,并且可在尊重各聯(lián)盟的權限和自主的條件下,就此類事項通過建議;
②通過成員國會議的三年預算;
③在成員國會議預算的限度內(nèi),制定三年法律——技術援助計劃;
④按第十七條規(guī)定,通過對本公約的修訂;
⑤決定那些沒有參加本組織的國家和那些政府間的和非政府性的國際組織可派觀察員參加其會議;
⑥行使其它合于本公約的適當職權。
(3)①每一個成員國在成員國會議中應有一票表決權。
②成員國的三分之一構成法定人數(shù)。
③除第十七條的規(guī)定外,會議應以三分之二的多數(shù)票作出決定。
④對參加本公約但沒有參加任何聯(lián)盟的國家的會費數(shù)目的決定,只有這類國家的代表有表決權。
⑤棄權應不視為投票。
⑥一名代表只可代表一國,并僅可以一國名義投票。
(4)①成員國會議例會應由總干事召開,與大會同期同地舉行。
②成員國會議的特別會議應由總干事按多數(shù)成員國的請求召開。
(5)成員國會議應通過自己的議事規(guī)則。
Article 8 Coordination Committee
(1)(a) There shall be a Coordination Committee consisting of the States party to this Convention which are members of the Executive Committee of the Paris Union, or the Executive Committee of the Berne Union, or both. However, if either of these Executive Committees is composed of more than one–fourth of the number of the countries members of the Assembly which elected it, then such Executive Committee shall designate from among its members the States which will be members of the Coordination Committee, in such a way that their number shall not exceed the one–fourth referred to above, it being understood that the country on the territory of which the Organization has its headquarters shall not be included in the computation of the said one–fourth.
(b) The Government of each State member of the Coordination Committee shall be represented by one delegate, who may be assisted by alternate delegates, advisors, and experts.
(c) Whenever the Coordination Committee considers either matters of direct interest to the program or budget of the Conference and its agenda, or proposals for the amendment of this Convention which would affect the rights or obligations of States party to this Convention not members of any of the Unions, one–fourth of such States shall participate in the meetings of the Coordination Committee with the same rights as members of that Committee. The Conference shall, at each of its ordinary sessions, designate these States.
(d) The expenses of each delegation shall be borne by the Government which has appointed it.
(2) If the other Unions administered by the Organization wish to be represented as such in the Coordination Committee, their representatives must be appointed from among the States members of the Coordination Committee.
(3) The Coordination Committee shall:
(i) give advice to the organs of the Unions, the General Assembly, the Conference, and the Director General, on all administrative, financial and other matters of common interest either to two or more of the Unions, or to one or more of the Unions and the Organization, and in particular on the budget of expenses common to the Unions;
(ii) prepare the draft agenda of the General Assembly;
(iii) prepare the draft agenda and the draft program and budget of the Conference;
(iv) [deleted]
(v) when the term of office of the Director General is about to expire, or when there is a vacancy in the post of the Director General, nominate a candidate for appointment to such position by the General Assembly; if the General Assembly does not appoint its nominee, the Coordination Committee shall nominate another candidate; this procedure shall be repeated until the latest nominee is appointed by the General Assembly;
(vi) if the post of the Director General becomes vacant between two sessions of the General Assembly, appoint an Acting Director General for the term preceding the assuming of office by the new Director General;
(vii) perform such other functions as are allocated to it under this Convention.
(4)(a) The Coordination Committee shall meet once every year in ordinary session, upon convocation by the Director General. It shall normally meet at the headquarters of the Organization.
(b) The Coordination Committee shall meet in extraordinary session, upon convocation by the Director General, either on his own initiative, or at the request of its Chairman or one–fourth of its members.
(5)(a) Each State whether a member of one or both of the Executive Committees referred to in paragraph (1)(a), shall have one vote in the Coordination Committee.
(b) One–half of the members of the Coordination Committee shall constitute a quorum.
(c) A delegate may represent, and vote in the name of, one State only.
(6)(a) The Coordination Committee shall express its opinions and make its decisions by a simple majority of the votes cast. Abstentions shall not be considered as votes.
(b) Even if a simple majority is obtained, any member of the Coordination Committee may, immediately after the vote, request that the votes be the subject of a special recount in the following manner: two separate lists shall be prepared, one containing the names of the States members of the Executive Committee of the Paris Union and the other the names of the States members of the Executive Committee of the Berne Union; the vote of each State shall be inscribed opposite its name in each list in which it appears. Should this special recount indicate that a simple majority has not been obtained in each of those lists, the proposal shall not be considered as carried.
(7) Any State Member of the Organization which is not a member of the Coordination Committee may be represented at the meetings of the Committee by observers having the right to take part in the debates but without the right to vote.
(8) The Coordination Committee shall establish its own rules of procedure.
(1)(a) There shall be a Coordination Committee consisting of the States party to this Convention which are members of the Executive Committee of the Paris Union, or the Executive Committee of the Berne Union, or both. However, if either of these Executive Committees is composed of more than one–fourth of the number of the countries members of the Assembly which elected it, then such Executive Committee shall designate from among its members the States which will be members of the Coordination Committee, in such a way that their number shall not exceed the one–fourth referred to above, it being understood that the country on the territory of which the Organization has its headquarters shall not be included in the computation of the said one–fourth.
(b) The Government of each State member of the Coordination Committee shall be represented by one delegate, who may be assisted by alternate delegates, advisors, and experts.
(c) Whenever the Coordination Committee considers either matters of direct interest to the program or budget of the Conference and its agenda, or proposals for the amendment of this Convention which would affect the rights or obligations of States party to this Convention not members of any of the Unions, one–fourth of such States shall participate in the meetings of the Coordination Committee with the same rights as members of that Committee. The Conference shall, at each of its ordinary sessions, designate these States.
(d) The expenses of each delegation shall be borne by the Government which has appointed it.
(2) If the other Unions administered by the Organization wish to be represented as such in the Coordination Committee, their representatives must be appointed from among the States members of the Coordination Committee.
(3) The Coordination Committee shall:
(i) give advice to the organs of the Unions, the General Assembly, the Conference, and the Director General, on all administrative, financial and other matters of common interest either to two or more of the Unions, or to one or more of the Unions and the Organization, and in particular on the budget of expenses common to the Unions;
(ii) prepare the draft agenda of the General Assembly;
(iii) prepare the draft agenda and the draft program and budget of the Conference;
(iv) [deleted]
(v) when the term of office of the Director General is about to expire, or when there is a vacancy in the post of the Director General, nominate a candidate for appointment to such position by the General Assembly; if the General Assembly does not appoint its nominee, the Coordination Committee shall nominate another candidate; this procedure shall be repeated until the latest nominee is appointed by the General Assembly;
(vi) if the post of the Director General becomes vacant between two sessions of the General Assembly, appoint an Acting Director General for the term preceding the assuming of office by the new Director General;
(vii) perform such other functions as are allocated to it under this Convention.
(4)(a) The Coordination Committee shall meet once every year in ordinary session, upon convocation by the Director General. It shall normally meet at the headquarters of the Organization.
(b) The Coordination Committee shall meet in extraordinary session, upon convocation by the Director General, either on his own initiative, or at the request of its Chairman or one–fourth of its members.
(5)(a) Each State whether a member of one or both of the Executive Committees referred to in paragraph (1)(a), shall have one vote in the Coordination Committee.
(b) One–half of the members of the Coordination Committee shall constitute a quorum.
(c) A delegate may represent, and vote in the name of, one State only.
(6)(a) The Coordination Committee shall express its opinions and make its decisions by a simple majority of the votes cast. Abstentions shall not be considered as votes.
(b) Even if a simple majority is obtained, any member of the Coordination Committee may, immediately after the vote, request that the votes be the subject of a special recount in the following manner: two separate lists shall be prepared, one containing the names of the States members of the Executive Committee of the Paris Union and the other the names of the States members of the Executive Committee of the Berne Union; the vote of each State shall be inscribed opposite its name in each list in which it appears. Should this special recount indicate that a simple majority has not been obtained in each of those lists, the proposal shall not be considered as carried.
(7) Any State Member of the Organization which is not a member of the Coordination Committee may be represented at the meetings of the Committee by observers having the right to take part in the debates but without the right to vote.
(8) The Coordination Committee shall establish its own rules of procedure.
第八條 協(xié)調(diào)委員會
(1)①協(xié)調(diào)委員會由擔任巴黎聯(lián)盟執(zhí)行委員會委員或伯爾尼聯(lián)盟執(zhí)行委員會委員或二委員會委員的本公約參加國組成。然而,如果一個執(zhí)行委員會的委員數(shù)超過了選舉它的聯(lián)盟大會成員國總數(shù)的四分之一,則該執(zhí)行委員會應從其委員中選出參加協(xié)調(diào)委員會的國家,數(shù)目不得超過上述四分之一。計算上述四分之一數(shù)目時,本組織總部所在國不應包括在內(nèi)。
②協(xié)調(diào)委員會每一個委員國政府應有一名代表,可輔以副代表、顧問和專家。
③每當協(xié)調(diào)委員會審議直接關系到成員國會議的計劃或預算及其議事日程,或?qū)徸h關于本公約的修訂建議時,如其將影響到已參加本公約但沒有參加任何聯(lián)盟的國家的權利和義務,應有這類國家的四分之一參加協(xié)調(diào)委員會的會議并享有與該委員會委員同樣的權利。這些國家應由成員國會議在每屆例會上指定。
④各代表團的開支應由派遣國政府負擔。
(2)如本組織經(jīng)管的其它聯(lián)盟希望也參加協(xié)調(diào)委員會,其代表必須從協(xié)調(diào)委員會的委員國中指派。
(3)協(xié)調(diào)委員會的職責:
①就一切有關行政、財務以及其它對二個以上聯(lián)盟,或一個以上聯(lián)盟與本組織共同有關的事項,特別是關于各聯(lián)盟共同開支預算事項,向各聯(lián)盟的機構、本組織成員國大會、成員國會議和總干事提出意見;
②擬訂本組織大會的議程草案;
③擬訂本組織成員國會議的議程草案以及計劃和預算草案;
④以各聯(lián)盟三年共同開支預算和本組織成員國會議三年預算以及法律——技術援助三年計劃為基礎,制定相應的年度預算和計劃;
⑤在總干事任期即將屆滿,或總干事缺位時,提名一候選人以待成員國大會任命;如大會未任命其所提名的人,協(xié)調(diào)委員會應另提一名候選人;這一程序應反復進行直到其最后提名的人被大會任命為止;
⑥如總干事在兩屆成員國大會之間缺位,在新任總干事就職前任命一代理總干事;
⑦行使本公約賦予的其他職權。
(4)①協(xié)調(diào)委員會例會每年由總干事召開一次,一般都在本組織總部舉行。
②協(xié)調(diào)委員會特別會議,可由總干事以其個人名義創(chuàng)議或應協(xié)調(diào)委員會主席的請求或四分之一的委員國的請求召開。
(5)①每個國家,無論其是第(1)款①所指的一個或兩個執(zhí)行委員會的委員,在協(xié)調(diào)委員會中都只有一票表決權。
②協(xié)調(diào)委員會委員的半數(shù)構成法定人數(shù)。
③一名代表僅能代表一國,并僅能以一國名義投票。
(6)①協(xié)調(diào)委員會可以簡單多數(shù)票表示意見和作出決議。棄權應不視為投票。
②盡管取得了多數(shù),協(xié)調(diào)委員會的任何委員可以在表決后立即要求按下列辦法對票數(shù)作一次特別重新計算,將巴黎聯(lián)盟執(zhí)行委員會委員國和伯爾尼聯(lián)盟執(zhí)行委員會委員國分別列成兩個名單,將每個國家的投票記入所屬名單中自己名稱的旁邊。如果這樣的特別重新計算表明不是在每個名單中都取得了簡單多數(shù),則該項建議就應視為未通過。
(7)非協(xié)調(diào)委員會委員的本組織成員國可派觀察員參加本委員會會議,有權參加辯論,但無表決權。
(8)協(xié)調(diào)委員會應制定自己的議事規(guī)則。
(1)①協(xié)調(diào)委員會由擔任巴黎聯(lián)盟執(zhí)行委員會委員或伯爾尼聯(lián)盟執(zhí)行委員會委員或二委員會委員的本公約參加國組成。然而,如果一個執(zhí)行委員會的委員數(shù)超過了選舉它的聯(lián)盟大會成員國總數(shù)的四分之一,則該執(zhí)行委員會應從其委員中選出參加協(xié)調(diào)委員會的國家,數(shù)目不得超過上述四分之一。計算上述四分之一數(shù)目時,本組織總部所在國不應包括在內(nèi)。
②協(xié)調(diào)委員會每一個委員國政府應有一名代表,可輔以副代表、顧問和專家。
③每當協(xié)調(diào)委員會審議直接關系到成員國會議的計劃或預算及其議事日程,或?qū)徸h關于本公約的修訂建議時,如其將影響到已參加本公約但沒有參加任何聯(lián)盟的國家的權利和義務,應有這類國家的四分之一參加協(xié)調(diào)委員會的會議并享有與該委員會委員同樣的權利。這些國家應由成員國會議在每屆例會上指定。
④各代表團的開支應由派遣國政府負擔。
(2)如本組織經(jīng)管的其它聯(lián)盟希望也參加協(xié)調(diào)委員會,其代表必須從協(xié)調(diào)委員會的委員國中指派。
(3)協(xié)調(diào)委員會的職責:
①就一切有關行政、財務以及其它對二個以上聯(lián)盟,或一個以上聯(lián)盟與本組織共同有關的事項,特別是關于各聯(lián)盟共同開支預算事項,向各聯(lián)盟的機構、本組織成員國大會、成員國會議和總干事提出意見;
②擬訂本組織大會的議程草案;
③擬訂本組織成員國會議的議程草案以及計劃和預算草案;
④以各聯(lián)盟三年共同開支預算和本組織成員國會議三年預算以及法律——技術援助三年計劃為基礎,制定相應的年度預算和計劃;
⑤在總干事任期即將屆滿,或總干事缺位時,提名一候選人以待成員國大會任命;如大會未任命其所提名的人,協(xié)調(diào)委員會應另提一名候選人;這一程序應反復進行直到其最后提名的人被大會任命為止;
⑥如總干事在兩屆成員國大會之間缺位,在新任總干事就職前任命一代理總干事;
⑦行使本公約賦予的其他職權。
(4)①協(xié)調(diào)委員會例會每年由總干事召開一次,一般都在本組織總部舉行。
②協(xié)調(diào)委員會特別會議,可由總干事以其個人名義創(chuàng)議或應協(xié)調(diào)委員會主席的請求或四分之一的委員國的請求召開。
(5)①每個國家,無論其是第(1)款①所指的一個或兩個執(zhí)行委員會的委員,在協(xié)調(diào)委員會中都只有一票表決權。
②協(xié)調(diào)委員會委員的半數(shù)構成法定人數(shù)。
③一名代表僅能代表一國,并僅能以一國名義投票。
(6)①協(xié)調(diào)委員會可以簡單多數(shù)票表示意見和作出決議。棄權應不視為投票。
②盡管取得了多數(shù),協(xié)調(diào)委員會的任何委員可以在表決后立即要求按下列辦法對票數(shù)作一次特別重新計算,將巴黎聯(lián)盟執(zhí)行委員會委員國和伯爾尼聯(lián)盟執(zhí)行委員會委員國分別列成兩個名單,將每個國家的投票記入所屬名單中自己名稱的旁邊。如果這樣的特別重新計算表明不是在每個名單中都取得了簡單多數(shù),則該項建議就應視為未通過。
(7)非協(xié)調(diào)委員會委員的本組織成員國可派觀察員參加本委員會會議,有權參加辯論,但無表決權。
(8)協(xié)調(diào)委員會應制定自己的議事規(guī)則。
Article 9 International Bureau
(1) The International Bureau shall be the Secretariat of the Organization.
(2) The International Bureau shall be directed by the Director General, assisted by two or more Deputy Directors General.
(3) The Director General shall be appointed for a fixed term, which shall be not less than six years. He shall be eligible for reappointment for fixed terms. The periods of the initial appointment and possible subsequent appointments, as well as all other conditions of the appointment, shall be fixed by the General Assembly.
(4)(a) The Director General shall be the chief executive of the Organization.
(b) He shall represent the Organization.
(c) He shall report to, and conform to the instructions of, the General Assembly as to the internal and external affairs of the Organization.
(5) The Director General shall prepare the draft programs and budgets and periodical reports on activities. He shall transmit them to the Governments of the interested States and to the competent organs of the Unions and the Organization.
(6) The Director General and any staff member designated by him shall participate, without the right to vote, in all meetings of the General Assembly, the Conference, the Coordination Committee, and any other committee or working group. The Director General or a staff member designated by him shall be ex officio secretary of these bodies.
(7) The Director General shall appoint the staff necessary for the efficient performance of the tasks of the International Bureau. He shall appoint the Deputy Directors General after approval by the Coordination Committee. The conditions of employment shall be fixed by the staff regulations to be approved by the Coordination Committee on the proposal of the Director General. The paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence, and integrity. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible.
(8) The nature of the responsibilities of the Director General and of the staff shall be exclusively international. In the discharge of their duties they shall not seek or receive instructions from any Government or from any authority external to the Organization. They shall refrain from any action which might prejudice their position as international officials. Each Member State undertakes to respect the exclusively international character of the responsibilities of the Director General and the staff, and not to seek to influence them in the discharge of their duties.
(1) The International Bureau shall be the Secretariat of the Organization.
(2) The International Bureau shall be directed by the Director General, assisted by two or more Deputy Directors General.
(3) The Director General shall be appointed for a fixed term, which shall be not less than six years. He shall be eligible for reappointment for fixed terms. The periods of the initial appointment and possible subsequent appointments, as well as all other conditions of the appointment, shall be fixed by the General Assembly.
(4)(a) The Director General shall be the chief executive of the Organization.
(b) He shall represent the Organization.
(c) He shall report to, and conform to the instructions of, the General Assembly as to the internal and external affairs of the Organization.
(5) The Director General shall prepare the draft programs and budgets and periodical reports on activities. He shall transmit them to the Governments of the interested States and to the competent organs of the Unions and the Organization.
(6) The Director General and any staff member designated by him shall participate, without the right to vote, in all meetings of the General Assembly, the Conference, the Coordination Committee, and any other committee or working group. The Director General or a staff member designated by him shall be ex officio secretary of these bodies.
(7) The Director General shall appoint the staff necessary for the efficient performance of the tasks of the International Bureau. He shall appoint the Deputy Directors General after approval by the Coordination Committee. The conditions of employment shall be fixed by the staff regulations to be approved by the Coordination Committee on the proposal of the Director General. The paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence, and integrity. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible.
(8) The nature of the responsibilities of the Director General and of the staff shall be exclusively international. In the discharge of their duties they shall not seek or receive instructions from any Government or from any authority external to the Organization. They shall refrain from any action which might prejudice their position as international officials. Each Member State undertakes to respect the exclusively international character of the responsibilities of the Director General and the staff, and not to seek to influence them in the discharge of their duties.
第九條 國際局
(1)國際局為本組織的秘書處。
(2)國際局由總干事指導,并輔以兩個以上副總干事。
(3)總干事應有一定的任期,不得少于六年,可以連任。初次任期和可能的連任期以及其它任命條件由成員國大會規(guī)定。
(4)①總干事為本組織的行政首腦。
②他代表本組織。
③他應向大會提出關于本組織內(nèi)外事務的報告,并遵從其指示。
(5)總干事應準備計劃和預算草案及定期的活動報告,并應將這些草案和報告寄送有關國家政府和各聯(lián)盟及本組織的主管機構。
(6)總干事及其指派的工作人員應參加成員國大會、會議、協(xié)調(diào)委員會和其它委員會或工作組的一切會議,但無表決權�？偢墒禄蛱崤傻囊幻ぷ魅藛T應為這些機構的當然秘書。
(7)總干事應任命為有效執(zhí)行國際局任務所必須的工作人員;應在協(xié)調(diào)委員會批準后任命副總干事。任用條件應在由總干事提出并經(jīng)協(xié)調(diào)委員會批準的工作人員條例中規(guī)定。任用工作人員和決定服務條件應首先考慮必須保證最高標準的效率,能力和品德,并應適當注意在盡可能廣泛地域分布上任用工作人員的重要性。
(8)總干事和工作人員職責的性質(zhì)應是純國際性的。在他們執(zhí)行職務時,不應尋求或接受任何政府或本組織以外的任何機關的指示。他們應不做可能妨礙其國際職員身份的任何行為。每一個成員國都要尊重總干事和工作人員職責的純國際性。在他們執(zhí)行任務時不去影響他們。
(1)國際局為本組織的秘書處。
(2)國際局由總干事指導,并輔以兩個以上副總干事。
(3)總干事應有一定的任期,不得少于六年,可以連任。初次任期和可能的連任期以及其它任命條件由成員國大會規(guī)定。
(4)①總干事為本組織的行政首腦。
②他代表本組織。
③他應向大會提出關于本組織內(nèi)外事務的報告,并遵從其指示。
(5)總干事應準備計劃和預算草案及定期的活動報告,并應將這些草案和報告寄送有關國家政府和各聯(lián)盟及本組織的主管機構。
(6)總干事及其指派的工作人員應參加成員國大會、會議、協(xié)調(diào)委員會和其它委員會或工作組的一切會議,但無表決權�？偢墒禄蛱崤傻囊幻ぷ魅藛T應為這些機構的當然秘書。
(7)總干事應任命為有效執(zhí)行國際局任務所必須的工作人員;應在協(xié)調(diào)委員會批準后任命副總干事。任用條件應在由總干事提出并經(jīng)協(xié)調(diào)委員會批準的工作人員條例中規(guī)定。任用工作人員和決定服務條件應首先考慮必須保證最高標準的效率,能力和品德,并應適當注意在盡可能廣泛地域分布上任用工作人員的重要性。
(8)總干事和工作人員職責的性質(zhì)應是純國際性的。在他們執(zhí)行職務時,不應尋求或接受任何政府或本組織以外的任何機關的指示。他們應不做可能妨礙其國際職員身份的任何行為。每一個成員國都要尊重總干事和工作人員職責的純國際性。在他們執(zhí)行任務時不去影響他們。
Article 11 Finances
(1) The Organization shall have two separate budgets: the budget of expenses common to the Unions, and the budget of the Conference.
(2)(a) The budget of expenses common to the Unions shall include provision for expenses of interest to several Unions.
(b) This budget shall be financed from the following sources:
(i) contributions of the Unions, provided that the amount of the contribution of each Union shall be fixed by the Assembly of that Union, having regard to the interest the Union has in the common expenses;
(ii) charges due for services performed by the International Bureau not in direct relation with any of the Unions or not received for services rendered by the International Bureau in the field of legal–technical assistance;
(iii) sale of, or royalties on, the publications of the International Bureau not directly concerning any of the Unions;
(iv) gifts, bequests, and subventions, given to the Organization, except those referred to in paragraph (3)(b)(iv);
(v) rents, interests, and other miscellaneous income, of the Organization.
(3)(a) The budget of the Conference shall include provision for the expenses of holding sessions of the Conference and for the cost of the legal–technical assistance program.
(b) This budget shall be financed from the following sources:
(i) contributions of States party to this Convention not members of any of the Unions;
(ii) any sums made available to this budget by the Unions, provided that the amount of the sum made available by each Union shall be fixed by the Assembly of that Union and that each Union shall be free to abstain from contributing to the said budget;
(iii) sums received for services rendered by the International Bureau in the field of legal–technical assistance;
(iv) gifts, bequests, and subventions, given to the Organization for the purposes referred to in subparagraph (a).
(4)(a) For the purpose of establishing its contribution towards the budget of the Conference, each State party to this Convention not member of any of the Unions shall belong to a class, and shall pay its annual contributions on the basis of a number of units fixed as follows2:
Class A .......... 10
Class B ............ 3
Class C ............ 1
(b) Each such State shall, concurrently with taking action as provided in Article 14(1), indicate the class to which it wishes to belong. Any such State may change class. If it chooses a lower class, the State must announce it to the Conference at one of its ordinary sessions. Any such change shall take effect at the beginning of the calendar year following the session.
(c) The annual contribution of each such State shall be an amount in the same proportion to the total sum to be contributed to the budget of the Conference by all such States as the number of its units is to the total of the units of all the said States.
(d) Contributions shall become due on the first of January of each year.
(e) If the budget is not adopted before the beginning of a new financial period, the budget shall be at the same level as the budget of the previous year, in accordance with the financial regulations.
(5) Any State party to this Convention not member of any of the Unions which is in arrears in the payment of its financial contributions under the present Article, and any State party to this Convention member of any of the Unions which is in arrears in the payment of its contributions to any of the Unions, shall have no vote in any of the bodies of the Organization of which it is a member, if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. However, any of these bodies may allow such a State to continue to exercise its vote in that body if, and as long as, it is satisfied that the delay in payment arises from exceptional and unavoidable circumstances.
(6) The amount of the fees and charges due for services rendered by the International Bureau in the field of legal–technical assistance shall be established, and shall be reported to the Coordination Committee, by the Director General.
(7) The Organization, with the approval of the Coordination Committee, may receive gifts, bequests, and subventions, directly from Governments, public or private institutions, associations or private persons.
(8)(a) The Organization shall have a working capital fund which shall be constituted by a single payment made by the Unions and by each State party to this Convention not member of any Union. If the fund becomes insufficient, it shall be increased.
(b) The amount of the single payment of each Union and its possible participation in any increase shall be decided by its Assembly.
(c) The amount of the single payment of each State party to this Convention not member of any Union and its part in any increase shall be a proportion of the contribution of that State for the year in which the fund is established or the increase decided. The proportion and the terms of payment shall be fixed by the Conference on the proposal of the Director General and after it has heard the advice of the Coordination Committee.
(9)(a) In the headquarters agreement concluded with the State on the territory of which the Organization has its headquarters, it shall be provided that, whenever the working capital fund is insufficient, such State shall grant advances. The amount of these advances and the conditions on which they are granted shall be the subject of separate agreements, in each case, between such State and the Organization. As long as it remains under the obligation to grant advances, such State shall have an ex officio seat on the Coordination Committee.
(b) The State referred to in subparagraph (a) and the Organization shall each have the right to denounce the obligation to grant advances, by written notification. Denunciation shall take effect three years after the end of the year in which it has been notified.
(10) The auditing of the accounts shall be effected by one or more Member States, or by external auditors, as provided in the financial regulations. They shall be designated, with their agreement, by the General Assembly.
(1) The Organization shall have two separate budgets: the budget of expenses common to the Unions, and the budget of the Conference.
(2)(a) The budget of expenses common to the Unions shall include provision for expenses of interest to several Unions.
(b) This budget shall be financed from the following sources:
(i) contributions of the Unions, provided that the amount of the contribution of each Union shall be fixed by the Assembly of that Union, having regard to the interest the Union has in the common expenses;
(ii) charges due for services performed by the International Bureau not in direct relation with any of the Unions or not received for services rendered by the International Bureau in the field of legal–technical assistance;
(iii) sale of, or royalties on, the publications of the International Bureau not directly concerning any of the Unions;
(iv) gifts, bequests, and subventions, given to the Organization, except those referred to in paragraph (3)(b)(iv);
(v) rents, interests, and other miscellaneous income, of the Organization.
(3)(a) The budget of the Conference shall include provision for the expenses of holding sessions of the Conference and for the cost of the legal–technical assistance program.
(b) This budget shall be financed from the following sources:
(i) contributions of States party to this Convention not members of any of the Unions;
(ii) any sums made available to this budget by the Unions, provided that the amount of the sum made available by each Union shall be fixed by the Assembly of that Union and that each Union shall be free to abstain from contributing to the said budget;
(iii) sums received for services rendered by the International Bureau in the field of legal–technical assistance;
(iv) gifts, bequests, and subventions, given to the Organization for the purposes referred to in subparagraph (a).
(4)(a) For the purpose of establishing its contribution towards the budget of the Conference, each State party to this Convention not member of any of the Unions shall belong to a class, and shall pay its annual contributions on the basis of a number of units fixed as follows2:
Class A .......... 10
Class B ............ 3
Class C ............ 1
(b) Each such State shall, concurrently with taking action as provided in Article 14(1), indicate the class to which it wishes to belong. Any such State may change class. If it chooses a lower class, the State must announce it to the Conference at one of its ordinary sessions. Any such change shall take effect at the beginning of the calendar year following the session.
(c) The annual contribution of each such State shall be an amount in the same proportion to the total sum to be contributed to the budget of the Conference by all such States as the number of its units is to the total of the units of all the said States.
(d) Contributions shall become due on the first of January of each year.
(e) If the budget is not adopted before the beginning of a new financial period, the budget shall be at the same level as the budget of the previous year, in accordance with the financial regulations.
(5) Any State party to this Convention not member of any of the Unions which is in arrears in the payment of its financial contributions under the present Article, and any State party to this Convention member of any of the Unions which is in arrears in the payment of its contributions to any of the Unions, shall have no vote in any of the bodies of the Organization of which it is a member, if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. However, any of these bodies may allow such a State to continue to exercise its vote in that body if, and as long as, it is satisfied that the delay in payment arises from exceptional and unavoidable circumstances.
(6) The amount of the fees and charges due for services rendered by the International Bureau in the field of legal–technical assistance shall be established, and shall be reported to the Coordination Committee, by the Director General.
(7) The Organization, with the approval of the Coordination Committee, may receive gifts, bequests, and subventions, directly from Governments, public or private institutions, associations or private persons.
(8)(a) The Organization shall have a working capital fund which shall be constituted by a single payment made by the Unions and by each State party to this Convention not member of any Union. If the fund becomes insufficient, it shall be increased.
(b) The amount of the single payment of each Union and its possible participation in any increase shall be decided by its Assembly.
(c) The amount of the single payment of each State party to this Convention not member of any Union and its part in any increase shall be a proportion of the contribution of that State for the year in which the fund is established or the increase decided. The proportion and the terms of payment shall be fixed by the Conference on the proposal of the Director General and after it has heard the advice of the Coordination Committee.
(9)(a) In the headquarters agreement concluded with the State on the territory of which the Organization has its headquarters, it shall be provided that, whenever the working capital fund is insufficient, such State shall grant advances. The amount of these advances and the conditions on which they are granted shall be the subject of separate agreements, in each case, between such State and the Organization. As long as it remains under the obligation to grant advances, such State shall have an ex officio seat on the Coordination Committee.
(b) The State referred to in subparagraph (a) and the Organization shall each have the right to denounce the obligation to grant advances, by written notification. Denunciation shall take effect three years after the end of the year in which it has been notified.
(10) The auditing of the accounts shall be effected by one or more Member States, or by external auditors, as provided in the financial regulations. They shall be designated, with their agreement, by the General Assembly.
第十一條 財務
(1)本組織應有兩項不同的預算:各聯(lián)盟共同開支預算,和本組織成員國會議預算。
(2)①各聯(lián)盟共同開支預算應包括有關幾個聯(lián)盟的開支預算。
②這項預算的資金來源是:
(Ⅰ)各聯(lián)盟的分攤,但是每個聯(lián)盟分攤金額應由該聯(lián)盟大會根據(jù)其在共同開支中所享受的利益來決定;
(Ⅱ)國際局所做的與各聯(lián)盟無直接關系的服務項目的收費,或國際局所做的不屬于法律——技術援助方面的服務項目的收費;
(Ⅲ)國際局的與任何聯(lián)盟都沒有直接關系的出版物的售款和版稅;
(Ⅳ)給本組織的贈款,遺贈或補貼,第(3)款②(Ⅳ)所指的款項除外;
③本組織的租金,利息及其他雜項收入。
(3)①成員國會議的預算應包括該會議舉行會議的開支和法律——技術援助計劃的費用。
②這項預算的資金來源如下:
(Ⅰ)參加本公約但沒有參加任何聯(lián)盟的國家的會費;
(Ⅱ)各聯(lián)盟為這項預算提供的款項。但每個聯(lián)盟所提供的款項金額應由各該聯(lián)盟大會決定,而且各聯(lián)盟可以不為這項預算攤款。
(Ⅲ)國際局關于法律——技術援助方面服務項目的收費;
(Ⅳ)為了前述①小段所指的目的,給本組織的贈款、遺贈或補貼。
(4)①為了規(guī)定對成員國會議預算應繳的會費,參加本公約但沒有參加任何聯(lián)盟的國家應照以下規(guī)定按所屬等級的單位數(shù)為基礎繳納年度會費:
A級10個單位
B級3個單位
C級1個單位
②各國應在按照第十四條(1)的規(guī)定采取行動的同時說明自己希望屬于那一級。任何國家都可改變等級,如要改為較低的等級必須在成員國會議舉行例會時聲明。這種改動應于該屆會議后的下一歷年開始時生效。
③每一個這類國家的年度會費金額在所有這類國家對成員國會議預算交費總額中所占的比例應相當于它的單位數(shù)在所有這類國家的總單位數(shù)中所占的比例。
④會費應于每年一月一日繳納。
⑤如在新的財政年度開始時,預算尚未被通過,根據(jù)財務條例,應按上一年度預算的水平執(zhí)行。
(5)參加本公約但沒有參加任何聯(lián)盟的國家欠繳本條所規(guī)定的會費者和參加本公約的任何聯(lián)盟的成員國欠繳該聯(lián)盟會費者,如其所欠金額相當于或超過前兩個整年的會費金額,就不能在它是其成員的本組織的任何機構內(nèi)行使表決權。但這些機構,只要查明該國拖延繳費系由于特殊的、不可避免的情況,仍可允許其在該機構內(nèi)繼續(xù)行使其表決權。
(6)國際局關于法律——技術援助方面服務項目收費標準應由總干事制定,并報告協(xié)調(diào)委員會。
(7)本組織協(xié)調(diào)委員會批準,可以直接接受各國政府、公共或私人機構、協(xié)會或私人的贈款、遺贈或補貼。
(8)①本組織應有一項周轉基金,由各聯(lián)盟和參加本公約但沒有參加任何聯(lián)盟的國家一次繳納。該項基金不足時,應予增加。
②各聯(lián)盟一次繳納的金額及可能增加的金額應由各該聯(lián)盟大會決定。
③參加本公約但沒有參加任何聯(lián)盟的國家一次繳納的金額及在基金增加時的份額,應依基金成立或決定增加一年該國會費的比例計算。繳費的比例和條件應由成員國會議根據(jù)總干事的建議,并聽取協(xié)調(diào)委員會的意見后規(guī)定。
(9)①在與本組織總部所在國締結的總部協(xié)定中,應規(guī)定遇周轉基金不足時,該國應予墊款。該項墊款的金額和條件,應由該國和本組織根據(jù)具體情況另訂協(xié)定。該國在承擔墊款義務期間,應在協(xié)調(diào)委員中有當然席位。
②上述①小段所指的國家和本組織都有權以書面通知廢止墊款約定,廢約應從發(fā)出通知那年年底起三年以后生效。
(10)帳目稽核工作應按財務條例的規(guī)定由一個或一個以上成員國或外界查帳員進行,他們應由大會征得其同意后指派。
(1)本組織應有兩項不同的預算:各聯(lián)盟共同開支預算,和本組織成員國會議預算。
(2)①各聯(lián)盟共同開支預算應包括有關幾個聯(lián)盟的開支預算。
②這項預算的資金來源是:
(Ⅰ)各聯(lián)盟的分攤,但是每個聯(lián)盟分攤金額應由該聯(lián)盟大會根據(jù)其在共同開支中所享受的利益來決定;
(Ⅱ)國際局所做的與各聯(lián)盟無直接關系的服務項目的收費,或國際局所做的不屬于法律——技術援助方面的服務項目的收費;
(Ⅲ)國際局的與任何聯(lián)盟都沒有直接關系的出版物的售款和版稅;
(Ⅳ)給本組織的贈款,遺贈或補貼,第(3)款②(Ⅳ)所指的款項除外;
③本組織的租金,利息及其他雜項收入。
(3)①成員國會議的預算應包括該會議舉行會議的開支和法律——技術援助計劃的費用。
②這項預算的資金來源如下:
(Ⅰ)參加本公約但沒有參加任何聯(lián)盟的國家的會費;
(Ⅱ)各聯(lián)盟為這項預算提供的款項。但每個聯(lián)盟所提供的款項金額應由各該聯(lián)盟大會決定,而且各聯(lián)盟可以不為這項預算攤款。
(Ⅲ)國際局關于法律——技術援助方面服務項目的收費;
(Ⅳ)為了前述①小段所指的目的,給本組織的贈款、遺贈或補貼。
(4)①為了規(guī)定對成員國會議預算應繳的會費,參加本公約但沒有參加任何聯(lián)盟的國家應照以下規(guī)定按所屬等級的單位數(shù)為基礎繳納年度會費:
A級10個單位
B級3個單位
C級1個單位
②各國應在按照第十四條(1)的規(guī)定采取行動的同時說明自己希望屬于那一級。任何國家都可改變等級,如要改為較低的等級必須在成員國會議舉行例會時聲明。這種改動應于該屆會議后的下一歷年開始時生效。
③每一個這類國家的年度會費金額在所有這類國家對成員國會議預算交費總額中所占的比例應相當于它的單位數(shù)在所有這類國家的總單位數(shù)中所占的比例。
④會費應于每年一月一日繳納。
⑤如在新的財政年度開始時,預算尚未被通過,根據(jù)財務條例,應按上一年度預算的水平執(zhí)行。
(5)參加本公約但沒有參加任何聯(lián)盟的國家欠繳本條所規(guī)定的會費者和參加本公約的任何聯(lián)盟的成員國欠繳該聯(lián)盟會費者,如其所欠金額相當于或超過前兩個整年的會費金額,就不能在它是其成員的本組織的任何機構內(nèi)行使表決權。但這些機構,只要查明該國拖延繳費系由于特殊的、不可避免的情況,仍可允許其在該機構內(nèi)繼續(xù)行使其表決權。
(6)國際局關于法律——技術援助方面服務項目收費標準應由總干事制定,并報告協(xié)調(diào)委員會。
(7)本組織協(xié)調(diào)委員會批準,可以直接接受各國政府、公共或私人機構、協(xié)會或私人的贈款、遺贈或補貼。
(8)①本組織應有一項周轉基金,由各聯(lián)盟和參加本公約但沒有參加任何聯(lián)盟的國家一次繳納。該項基金不足時,應予增加。
②各聯(lián)盟一次繳納的金額及可能增加的金額應由各該聯(lián)盟大會決定。
③參加本公約但沒有參加任何聯(lián)盟的國家一次繳納的金額及在基金增加時的份額,應依基金成立或決定增加一年該國會費的比例計算。繳費的比例和條件應由成員國會議根據(jù)總干事的建議,并聽取協(xié)調(diào)委員會的意見后規(guī)定。
(9)①在與本組織總部所在國締結的總部協(xié)定中,應規(guī)定遇周轉基金不足時,該國應予墊款。該項墊款的金額和條件,應由該國和本組織根據(jù)具體情況另訂協(xié)定。該國在承擔墊款義務期間,應在協(xié)調(diào)委員中有當然席位。
②上述①小段所指的國家和本組織都有權以書面通知廢止墊款約定,廢約應從發(fā)出通知那年年底起三年以后生效。
(10)帳目稽核工作應按財務條例的規(guī)定由一個或一個以上成員國或外界查帳員進行,他們應由大會征得其同意后指派。
Article 12 Legal Capacity; Privileges and Immunities
(1) The Organization shall enjoy on the territory of each Member State, in conformity with the laws of that State, such legal capacity as may be necessary for the fulfilment of the Organization's objectives and for the exercise of its functions.
(2) The Organization shall conclude a headquarters agreement with the Swiss Confederation and with any other State in which the headquarters may subsequently be located.
(3) The Organization may conclude bilateral or multilateral agreements with the other Member States with a view to the enjoyment by the Organization, its officials, and representatives of all Member States, of such privileges and immunities as may be necessary for the fulfilment of its objectives and for the exercise of its functions.
(4) The Director General may negotiate and, after approval by the Coordination Committee, shall conclude and sign on behalf of the Organization the agreements referred to in paragraphs (2) and (3).
(1) The Organization shall enjoy on the territory of each Member State, in conformity with the laws of that State, such legal capacity as may be necessary for the fulfilment of the Organization's objectives and for the exercise of its functions.
(2) The Organization shall conclude a headquarters agreement with the Swiss Confederation and with any other State in which the headquarters may subsequently be located.
(3) The Organization may conclude bilateral or multilateral agreements with the other Member States with a view to the enjoyment by the Organization, its officials, and representatives of all Member States, of such privileges and immunities as may be necessary for the fulfilment of its objectives and for the exercise of its functions.
(4) The Director General may negotiate and, after approval by the Coordination Committee, shall conclude and sign on behalf of the Organization the agreements referred to in paragraphs (2) and (3).
Article 13 Relations with Other Organizations
(1) The Organization shall, where appropriate, establish working relations and cooperate with other intergovernmental organizations. Any general agreement to such effect entered into with such organizations shall be concluded by the Director General after approval by the Coordination Committee.
(2) The Organization may, on matters within its competence, make suitable arrangements for consultation and cooperation with international non–governmental organizations and, with the consent of the Governments concerned, with national organizations, governmental or non–governmental. Such arrangements shall be made by the Director General after approval by the Coordination Committee.
(1) The Organization shall, where appropriate, establish working relations and cooperate with other intergovernmental organizations. Any general agreement to such effect entered into with such organizations shall be concluded by the Director General after approval by the Coordination Committee.
(2) The Organization may, on matters within its competence, make suitable arrangements for consultation and cooperation with international non–governmental organizations and, with the consent of the Governments concerned, with national organizations, governmental or non–governmental. Such arrangements shall be made by the Director General after approval by the Coordination Committee.
Article 14 Becoming Party to the Convention
(1) States referred to in Article 5 may become party to this Convention and Member of the Organization by:
(i) signature without reservation as to ratification, or
(ii) signature subject to ratification followed by the deposit of an instrument of ratification, or
(iii) deposit of an instrument of accession.
(2) Notwithstanding any other provision of this Convention, a State party to the Paris Convention, the Berne Convention, or both Conventions, may become party to this Convention only if it concurrently ratifies or accedes to, or only after it has ratified or acceded to:
either the Stockholm Act of the Paris Convention in its entirety or with only the limitation set forth in Article 20(1)(b)(i) thereof,
or the Stockholm Act of the Berne Convention in its entirety or with only the limitation set forth in Article 28(1)(b)(i) thereof.
(3) Instruments of ratification or accession shall be deposited with the Director General.
(1) States referred to in Article 5 may become party to this Convention and Member of the Organization by:
(i) signature without reservation as to ratification, or
(ii) signature subject to ratification followed by the deposit of an instrument of ratification, or
(iii) deposit of an instrument of accession.
(2) Notwithstanding any other provision of this Convention, a State party to the Paris Convention, the Berne Convention, or both Conventions, may become party to this Convention only if it concurrently ratifies or accedes to, or only after it has ratified or acceded to:
either the Stockholm Act of the Paris Convention in its entirety or with only the limitation set forth in Article 20(1)(b)(i) thereof,
or the Stockholm Act of the Berne Convention in its entirety or with only the limitation set forth in Article 28(1)(b)(i) thereof.
(3) Instruments of ratification or accession shall be deposited with the Director General.
Article 15 Entry into Force of the Convention
(1) This Convention shall enter into force three months after ten States members of the Paris Union and seven States members of the Berne Union have taken action as provided in Article 14(1), it being understood that, if a State is a member of both Unions, it will be counted in both groups. On that date, this Convention shall enter into force also in respect of States which, not being members of either of the two Unions, have taken action as provided in Article 14(1) three months or more prior to that date.
(2) In respect to any other State, this Convention shall enter into force three months after the date on which such State takes action as provided in Article 14(1).
(1) This Convention shall enter into force three months after ten States members of the Paris Union and seven States members of the Berne Union have taken action as provided in Article 14(1), it being understood that, if a State is a member of both Unions, it will be counted in both groups. On that date, this Convention shall enter into force also in respect of States which, not being members of either of the two Unions, have taken action as provided in Article 14(1) three months or more prior to that date.
(2) In respect to any other State, this Convention shall enter into force three months after the date on which such State takes action as provided in Article 14(1).
Article 17 Amendments
(1) Proposals for the amendment of this Convention may be initiated by any Member State, by the Coordination Committee, or by the Director General. Such proposals shall be communicated by the Director General to the Member States at least six months in advance of their consideration by the Conference.
(2) Amendments shall be adopted by the Conference. Whenever amendments would affect the rights and obligations of Sta,tes party to this Convention not members of any of the Unions, such States shall also vote. On all other amendments proposed, only States party to this Convention members of any Union shall vote. Amendments shall be adopted by a simple majority of the votes cast, provided that the Conference shall vote only on such proposals for amendments as have previously been adopted by the Assembly of the Paris Union and the Assembly of the Berne Union according to the rules applicable in each of them regarding the adoption of amendments to the administrative provisions of their respective Conventions.
(3) Any amendment shall enter into force one month after written notifications of acceptance, effected in accordance with their respective constitutional processes, have been received by the Director General from three–fourths of the States Members of the Organization, entitled to vote on the proposal for amendment pursuant to paragraph (2), at the time the Conference adopted the amendment. Any amendment thus accepted shall bind all the States which are Members of the Organization at the time the amendment enters into force or which become Members at a subsequent date, provided that any amendment increasing the financial obligations of Member States shall bind only those States which have notified their acceptance of such amendment.
(1) Proposals for the amendment of this Convention may be initiated by any Member State, by the Coordination Committee, or by the Director General. Such proposals shall be communicated by the Director General to the Member States at least six months in advance of their consideration by the Conference.
(2) Amendments shall be adopted by the Conference. Whenever amendments would affect the rights and obligations of Sta,tes party to this Convention not members of any of the Unions, such States shall also vote. On all other amendments proposed, only States party to this Convention members of any Union shall vote. Amendments shall be adopted by a simple majority of the votes cast, provided that the Conference shall vote only on such proposals for amendments as have previously been adopted by the Assembly of the Paris Union and the Assembly of the Berne Union according to the rules applicable in each of them regarding the adoption of amendments to the administrative provisions of their respective Conventions.
(3) Any amendment shall enter into force one month after written notifications of acceptance, effected in accordance with their respective constitutional processes, have been received by the Director General from three–fourths of the States Members of the Organization, entitled to vote on the proposal for amendment pursuant to paragraph (2), at the time the Conference adopted the amendment. Any amendment thus accepted shall bind all the States which are Members of the Organization at the time the amendment enters into force or which become Members at a subsequent date, provided that any amendment increasing the financial obligations of Member States shall bind only those States which have notified their acceptance of such amendment.
第十七條 修正
(1)關于修正本公約的建議可由任何成員國,由協(xié)調(diào)委員會或由總干事提出。此類建議應在成員國會議進行審議至少六個月以前由總干事通知各成員國。
(2)修正案應由成員國會議通過。修正案會影響到參加本公約但沒有參加任何聯(lián)盟的國家的權利和義務時,這些國家也有表決權。對于一切其他修正案,只有已參加本公約的各聯(lián)盟成員國才有表決權。修正案應由簡單多數(shù)表決通過,唯成員國會議僅能對那些以前已由巴黎聯(lián)盟大會和伯爾尼聯(lián)盟大會分別根據(jù)各該大會關于通過各該公約行政條款修正案的規(guī)則通過的修正案建議進行表決。
(3)任何修正案應在總干事收到在成員國會議通過該項修正案時,根據(jù)上述(2)款規(guī)定對該修正案有表決權的本組織成員國的四分之三分別根據(jù)各該國憲法程序簽署的接受通知書后一個月生效。這樣通過的任何修正案一旦生效即應對當時的或后來加入的本組織所有成員國都有約束力,但涉及增加成員國財務負擔的修正案應只對通知接受該修正案的國家有約束力。
(1)關于修正本公約的建議可由任何成員國,由協(xié)調(diào)委員會或由總干事提出。此類建議應在成員國會議進行審議至少六個月以前由總干事通知各成員國。
(2)修正案應由成員國會議通過。修正案會影響到參加本公約但沒有參加任何聯(lián)盟的國家的權利和義務時,這些國家也有表決權。對于一切其他修正案,只有已參加本公約的各聯(lián)盟成員國才有表決權。修正案應由簡單多數(shù)表決通過,唯成員國會議僅能對那些以前已由巴黎聯(lián)盟大會和伯爾尼聯(lián)盟大會分別根據(jù)各該大會關于通過各該公約行政條款修正案的規(guī)則通過的修正案建議進行表決。
(3)任何修正案應在總干事收到在成員國會議通過該項修正案時,根據(jù)上述(2)款規(guī)定對該修正案有表決權的本組織成員國的四分之三分別根據(jù)各該國憲法程序簽署的接受通知書后一個月生效。這樣通過的任何修正案一旦生效即應對當時的或后來加入的本組織所有成員國都有約束力,但涉及增加成員國財務負擔的修正案應只對通知接受該修正案的國家有約束力。
Article 19 Notifications
The Director General shall notify the Governments of all Member States of:
(i) the date of entry into force of the Convention,
(ii) signatures and deposits of instruments of ratification or accession,
(iii) acceptances of an amendment to this Convention, and the date upon which the amendment enters into force,
(iv) denunciations of this Convention.
The Director General shall notify the Governments of all Member States of:
(i) the date of entry into force of the Convention,
(ii) signatures and deposits of instruments of ratification or accession,
(iii) acceptances of an amendment to this Convention, and the date upon which the amendment enters into force,
(iv) denunciations of this Convention.
Article 20 Final Provisions
(1)(a) This Convention shall be signed in a single copy in English, French, Russian and Spanish, all texts being equally authentic, and shall be deposited with the Government of Sweden.
(b) This Convention shall remain open for signature at Stockholm until January 13, 1968.
(2) Official texts shall be established by the Director General, after consultation with the interested Governments, in German, Italian and Portuguese, and such other languages as the Conference may designate.
(3) The Director General shall transmit two duly certified copies of this Convention and of each amendment adopted by the Conference to the Governments of the States members of the Paris or Berne Unions, to the Government of any other State when it accedes to this Convention, and, on request, to the Government of any other State. The copies of the signed text of the Convention transmitted to the Governments shall be certified by the Government of Sweden.
(4) The Director General shall register this Convention with the Secretariat of the United Nations.
(1)(a) This Convention shall be signed in a single copy in English, French, Russian and Spanish, all texts being equally authentic, and shall be deposited with the Government of Sweden.
(b) This Convention shall remain open for signature at Stockholm until January 13, 1968.
(2) Official texts shall be established by the Director General, after consultation with the interested Governments, in German, Italian and Portuguese, and such other languages as the Conference may designate.
(3) The Director General shall transmit two duly certified copies of this Convention and of each amendment adopted by the Conference to the Governments of the States members of the Paris or Berne Unions, to the Government of any other State when it accedes to this Convention, and, on request, to the Government of any other State. The copies of the signed text of the Convention transmitted to the Governments shall be certified by the Government of Sweden.
(4) The Director General shall register this Convention with the Secretariat of the United Nations.
第二十條 最后條款
(1)①本公約應在一個用英、法、俄、西四種文字作成的約本上簽字,并應交由瑞典政府保存。四種文本有同等效力。
②本公約在斯德哥爾摩繼續(xù)開放簽字到1968年1月13日截止。
(2)正式文本應由總干事經(jīng)與有關國家政府協(xié)商后,以德、意、葡以及成員國會議可能指定的其它文字制定。
(3)總干事應將經(jīng)過正式認證的本公約副本和由成員國會議通過的每項修正案副本各二份分送巴黎聯(lián)盟或伯爾尼聯(lián)盟各成員國政府、其它加入本公約的國家政府,以及要求得到這些文件的國家政府。分送各國政府的本公約正本的副本應由瑞典政府予以認證。
(4)總干事應將本公約交聯(lián)合國秘書處登記。
(1)①本公約應在一個用英、法、俄、西四種文字作成的約本上簽字,并應交由瑞典政府保存。四種文本有同等效力。
②本公約在斯德哥爾摩繼續(xù)開放簽字到1968年1月13日截止。
(2)正式文本應由總干事經(jīng)與有關國家政府協(xié)商后,以德、意、葡以及成員國會議可能指定的其它文字制定。
(3)總干事應將經(jīng)過正式認證的本公約副本和由成員國會議通過的每項修正案副本各二份分送巴黎聯(lián)盟或伯爾尼聯(lián)盟各成員國政府、其它加入本公約的國家政府,以及要求得到這些文件的國家政府。分送各國政府的本公約正本的副本應由瑞典政府予以認證。
(4)總干事應將本公約交聯(lián)合國秘書處登記。
Article 21 Transitional Provisions
(1) Until the first Director General assumes office, references in this Convention to the International Bureau or to the Director General shall be deemed to be references to the United International Bureau for the Protection of Industrial, Literary and Artistic Property (also called the United International Bureau for the Protection of Intellectual Property (BIRPI)), or its Director, respectively.
(2)(a) States which are members of any of the Unions but which have not become party to this Convention may, for five years from the date of entry into force of this Convention, exercise, if they so desire, the same rights as if they had become party to this Convention. Any State desiring to exercise such rights shall give written notification to this effect to the Director General; this notification shall be effective on the date of its receipt. Such States shall be deemed to be members of the General Assembly and the Conference until the expiration of the said period.
(b) Upon expiration of this five–year period, such States shall have no right to vote in the General Assembly, the Conference, and the Coordination Committee.
(c) Upon becoming party to this Convention, such States shall regain such right to vote.
(3)(a) As long as there are States members of the Paris or Berne Unions which have not become party to this Convention, the International Bureau and the Director General shall also function as the United International Bureau for the Protection of Industrial, Literary and Artistic Property, and its Director, respectively.
(b) The staff in the employment of the said Bureaux on the date of entry into force of this Convention shall, during the transitional period referred to in subparagraph (a), be considered as also employed by the International Bureau.
(4)(a) Once all the States members of the Paris Union have become Members of the Organization, the rights, obligations, and property, of the Bureau of that Union shall devolve on the International Bureau of the Organization.
(b) Once all the States members of the Berne Union have become Members of the Organization, the rights, obligations, and property, of the Bureau of that Union shall devolve on the International Bureau of the Organization.
(1) Until the first Director General assumes office, references in this Convention to the International Bureau or to the Director General shall be deemed to be references to the United International Bureau for the Protection of Industrial, Literary and Artistic Property (also called the United International Bureau for the Protection of Intellectual Property (BIRPI)), or its Director, respectively.
(2)(a) States which are members of any of the Unions but which have not become party to this Convention may, for five years from the date of entry into force of this Convention, exercise, if they so desire, the same rights as if they had become party to this Convention. Any State desiring to exercise such rights shall give written notification to this effect to the Director General; this notification shall be effective on the date of its receipt. Such States shall be deemed to be members of the General Assembly and the Conference until the expiration of the said period.
(b) Upon expiration of this five–year period, such States shall have no right to vote in the General Assembly, the Conference, and the Coordination Committee.
(c) Upon becoming party to this Convention, such States shall regain such right to vote.
(3)(a) As long as there are States members of the Paris or Berne Unions which have not become party to this Convention, the International Bureau and the Director General shall also function as the United International Bureau for the Protection of Industrial, Literary and Artistic Property, and its Director, respectively.
(b) The staff in the employment of the said Bureaux on the date of entry into force of this Convention shall, during the transitional period referred to in subparagraph (a), be considered as also employed by the International Bureau.
(4)(a) Once all the States members of the Paris Union have become Members of the Organization, the rights, obligations, and property, of the Bureau of that Union shall devolve on the International Bureau of the Organization.
(b) Once all the States members of the Berne Union have become Members of the Organization, the rights, obligations, and property, of the Bureau of that Union shall devolve on the International Bureau of the Organization.
第二十一條 過渡條款
（1）在第一任總干事就職前，本公約中凡提到國際局或總干事之處應視為系指保護工業(yè)、文學和藝術產(chǎn)權聯(lián)合國際局（亦稱:保護知識產(chǎn)權聯(lián)合國際局BIRPI）或其總干事。
（2）①凡屬任何聯(lián)盟的成員但尚未參加本公約的國家，如果它們希望的話，在從本公約生效之日起五年內(nèi)，可行使如同它們參加了本公約一樣的權利。凡希望行使這樣權利的國家應以書面通知總干事;該項通知書應于收到之日生效。這類國家在上述期限屆滿前應視為大會成員國會議的成員。
②當這五年期限屆滿時，這類國家在大會、成員國會議和協(xié)調(diào)委員會中應不再有表決權。
③當這類國家參加本公約后，應再取得這種表決權。
（3）①在巴黎聯(lián)盟和伯爾尼聯(lián)盟的成員國尚未全部參加本公約以前，國際局和總干事應分別兼管保護工業(yè)、文學和藝術產(chǎn)權聯(lián)合國際局及其總干事的職責。
②該聯(lián)合國際局任用的工作人員，自本公約生效之日起在上述①小級所指的過渡期間，應被認為也是由國際局任用的。
（4）①一旦巴黎聯(lián)盟所有成員國全部成為本組織成員后，該聯(lián)盟事務局的權利、義務和財產(chǎn)應移交給本組織國際局。
②一旦伯爾尼聯(lián)盟所有成員國全部成為本組織成員后，該聯(lián)盟事務局的權利、義務和財產(chǎn)應移交給本組織國際局的規(guī)定可以得到的譯文副本。
（1）在第一任總干事就職前，本公約中凡提到國際局或總干事之處應視為系指保護工業(yè)、文學和藝術產(chǎn)權聯(lián)合國際局（亦稱:保護知識產(chǎn)權聯(lián)合國際局BIRPI）或其總干事。
（2）①凡屬任何聯(lián)盟的成員但尚未參加本公約的國家，如果它們希望的話，在從本公約生效之日起五年內(nèi)，可行使如同它們參加了本公約一樣的權利。凡希望行使這樣權利的國家應以書面通知總干事;該項通知書應于收到之日生效。這類國家在上述期限屆滿前應視為大會成員國會議的成員。
②當這五年期限屆滿時，這類國家在大會、成員國會議和協(xié)調(diào)委員會中應不再有表決權。
③當這類國家參加本公約后，應再取得這種表決權。
（3）①在巴黎聯(lián)盟和伯爾尼聯(lián)盟的成員國尚未全部參加本公約以前，國際局和總干事應分別兼管保護工業(yè)、文學和藝術產(chǎn)權聯(lián)合國際局及其總干事的職責。
②該聯(lián)合國際局任用的工作人員，自本公約生效之日起在上述①小級所指的過渡期間，應被認為也是由國際局任用的。
（4）①一旦巴黎聯(lián)盟所有成員國全部成為本組織成員后，該聯(lián)盟事務局的權利、義務和財產(chǎn)應移交給本組織國際局。
②一旦伯爾尼聯(lián)盟所有成員國全部成為本組織成員后，該聯(lián)盟事務局的權利、義務和財產(chǎn)應移交給本組織國際局的規(guī)定可以得到的譯文副本。
