27 DE SETEMBRO DE 1996

1516-(9)

after such entry into force, the said declaration shall become effective three months after its filing unless a later date has been indicated in the declaration. In the latter case, the declaration shall take effect on the date thus indicated.

b) The said organization shall have the right provided for in article 3,1, b).

2 — Where any provision of this Treaty or of the Regulations affecting intergovernmental industrial property organizations is revised or amended, any intergovernmental industrial property organization may withdraw its declaration referred to in paragraph 1 by notification addressed to the Director General. The withdrawal shall take effect:

i) Where the notification has been received before the date on which the revision or amendment enters into force, on that date;

ii) Where the notification has been received after the date referred to in i), on the date indicated in the notification or, in the absence of such indication, three months after the date on which the notification was received.

3 — In addition to the case referred to in paragraph 2, any intergovernmental industrial property organization may withdraw its declaration referred to in paragraph 1, a), by notification addressed to the Director General. The withdrawal shall take effect two years after the date on which the Director General has received the notification. No notification of withdrawal under this paragraph shall be receivable during a period of five years from the date on which the declaration took effect.

4 — The withdrawal referred to in paragraph 2 or 3 by an intergovernmental industrial property organization whose communication under article 7, 1, has led to the acquisition of the status of international depositary authority by a depositary institution shall entail the termination of such status one year after the date on which the Director General has received the notification of withdrawal.

5 — Any declaration referred to in paragraph 1, a), notification of withdrawal referred to in paragraph 2 or 3, assurances furnished under article 6, 1, second sentence, and included in a declaration made in accordance with article 7, 1, a,) request made under article 8, 1, and communication of withdrawal referred to in article 8, 2, shall require the express previous approval of the supreme governing organ of the intergovernmental industrial property organization whose members are all the States members of the said organization and in which decisions are made by the official representatives of the governments of such States.

jCHAPTER II

Administrative provisions

Article 10 Assembly

1 — a) The Assembly shall consist of the Contracting States.

b) Each Contracting State shall be represented by one delegate, who may be assisted by alternate delegates, advisors, and experts.

c) Each intergovernmental industrial property organization shall be represented by special observers in the meetings of the Assembly and any committee and working group established by the Assembly.

d) Any State not member of the Union which is a member of the Organization or of the International (Paris) Union for the Protection of Industrial Property and any intergovernmental organization specialized in the field of patents other than an intergovernmental industrial property organization as defined in article 2, v), may be represented by observers in the meetings of the Assembly and, if the Assembly so decides, in the meetings of any committee or working group established by the Assembly.

2 — d) The Assembly shall:

i) Deal with all matters concerning the maintenance and development of the Union and the implementation of this Treaty;

ii) Exercise such rights and perform such tasks as are specially conferred upon it or assigned to it under this Treaty;

Hi) Give directions to the Director General concerning the preparations for revision conferences;

iv) Review and approve the reports and activities-of the Director General concerning the Union, and give him all necessary instructions concerning matters within the competence of the Union;

v) Establish such committees and working groups as it deems appropriate to facilitate the work of the Union;

vi) Determine, subject to paragraph 1, d), which States other than Contracting States, which intergovernmental organizations other than intergovernmental industrial property organizations as defined in article 2, v), and which international non-governmental organizations shall be admitted to its meetings as observers and to what extent international depositary authorities shall be admited to its meetings as observers;

vii) Take any other appropriate action designed to further the objectives of the Union;

viii) Perform such other functions as are appropriate under this Treaty.

b) With respect to matters which are of interest also to other unions administered by the Organization, the Assembly shall make its decisions after having heard the advice of the Coordination Committee of the Organization.

3 — A delegate may represent, and vote in the name of one State only.

4 — Each Contracting State shall have one vote.

5 — a) One-half of the Contracting States shall constitute a quorum.

b) In the absence of the quorum, the Assembly may make decisions but, with the exception of decisions concerning its own procedure, all such decisions shall take effect only if the quorum and the required majority are attained through voting by correspondence as provided in the Regulations.

6 — a) Subject to articles 8, 1, c), 12, 4, and 14, 2, b), the decisions of the Assembly shall require a majority of the votes cast.

b) Abstentions shall not be considered as votes.