Ficpi Logo

STATUTES (EN)

FICPI STATUTES - ENGLISH VERSION

ARTICLE 1 - OBJECT‑NAME‑SEAT

An association comprising Intellectual Property Attorneys in private practice desirous of strengthening their bonds of professional confraternity in the international field, of combining their efforts with a view to promoting reforms in the texts of conventions, legislation and regulations, and of dealing with questions relating to their profession, is established under the name:

"Fédération Internationale des Conseils en Propriété Intellectuelle" (FICPI) [1]
(International Federation of Intellectual Property Attorneys)

This Association has its seat at Basel, Switzerland.

ARTICLE 2 - AIMS

The International Federation of Intellectual Property Attorneys has the following aims:

1.      To strengthen the bonds of professional confraternity between Intellectual Property Attorneys in different countries and to facilitate and simplify their professional relations;

2.      To safeguard the standing and dignity of the profession of Intellectual Property Attorneys in the international field, where need be in collaboration with National Associations;

3.      To collect all information of professional interest in the various countries and to distribute the same for the use of its members;

4.      To study all administrative or legislative reforms and all improvements to international treaties and conventions, with the object of facilitating the exercise by inventors and industrialists of their rights, of increasing their security, and of simplifying procedure or formalities;

5.      To intervene in international proceedings for the purpose of pursuing the achievement of the abovementioned reforms and improvements;

5bis.  To study and take up positions on existing intellectual property laws, regulations, administrative provisions and conventions, and to intervene in judicial and administrative proceedings for the purpose of facilitating by inventors and industrialists the exercise of their rights, of increasing their security, and of simplifying procedures or formalities.

6.      To establish and maintain trusting and cordial relations with official or private international organisations existing in the field of Intellectual Property or called upon to deal with questions of Intellectual Property;

7.      To promote the training and continuing education of its members and others interested in Intellectual Property protection by organising local and regional ad hoc programs.

ARTICLE 3 - WORK NOT WITHIN THE COMPETENCE OF THE FEDERATION

1.      When acting under Article 2.5 bis the Federation may not advocate on behalf of or express support for any party involved in judicial proceedings or in any other legal dispute, and may not intervene in proceedings before any national court or tribunal in a country where there is a National Association or National Section that objects thereto.

2.      The Federation shall refrain from interfering in internal matters of the National Associations belonging to it, particularly questions concerning their administration and composition.

ARTICLE 4 - CATEGORIES OF MEMBERS

The Federation is composed of National Associations as well as National and Regional Sections, and of individual members.

The intellectual property attorneys who are full members of National Associations and National and Regional Sections are themselves, by virtue of such membership, members of the Federation.

National Associations are encouraged to admit Junior Members who do not yet, but who are expected to, comply with their own rules for the admission of their members.

National and Regional Sections are free and encouraged to admit Junior Members who do not yet meet the desired conditions as to ability required by Article 5.2.

Junior Members are not members of the Federation, and may not present themselves as such.

The Federation also comprises Honorary Presidents, Honorary Members and Emeritus Members.

ARTICLE 5 - CONDITIONS OF ADMISSION

The following may join the Federation:

1.      As a National Association: any official or private national organisation of intellectual property attorneys whose Statutes are compatible with those of the Federation and which has declared its adhesion to the latter's Statutes. With this reservation each National Association is free to draw up its own rules for the admission of its members, the qualifications required, rules of professional ethics, etc. Only one National Association per country may be a member of the Federation.

2.      As a National Section: any Group constituted by at least five Intellectual Property Attorneys, in a country where there is no member National Association, provided that the said Section is recognised by the Executive Committee, that its members belong to at least five different Intellectual Property Attorney firms and that all its members fulfil the conditions laid down in paragraph 4. When in a given country due to the small number of Intellectual Property Attorneys this condition cannot be satisfied, the Executive Committee is empowered to allow adherence of a National Section having at least five members from at least three different firms. Only one National Section per country may be a member of the Federation.

3.1    As a Regional Section, any group constituted by at least five Intellectual Property Attorneys from two or more countries within the same geographical region, in which countries there is neither a member National Association or National Section, provided that the said Regional Section is recognised by the Executive Committee, that its members belong to at least five different Intellectual Property Attorney firms, and that all its members fulfil the conditions laid down in paragraph 4.

3.2    Further to the requirements of Article 5 Paragraph 2 above, no group constituted by Intellectual Property Attorneys from a country for which there is a Regional Section admitted in accordance with the preceding sub-paragraph may apply to join the Federation as a National Section until at least three years have elapsed from the time when the Regional Section first included members from that country. Upon admission of a National Section for a country, membership of a Regional Section for Intellectual Property Attorneys from that country shall cease to be possible.

4.      As an individual member: any Intellectual Property Attorney belonging to a country where there is no member National Association, National Section or Regional Section, provided that he fulfils the desired conditions as to honourable character, moral character and ability.

5.      As an emeritus member: any person who is a member of the Federation, has definitively ceased to practise, is no longer representing a business with respect to intellectual property matters, and who wishes to remain a member, by a simple application sent to the Secretary General.

ARTICLE 6 - ADMISSION PROCEDURE

NATIONAL ASSOCIATIONS

1.      Any National Association desiring to join the Federation and fulfilling the conditions laid down in Article 5, Paragraph 1, shall make to the Secretary General an application in writing acknowledging adhesion to the Statutes, Rules and Code of Professional Conduct of the Federation. The Statutes of the said Association must be attached to this application.

2.      The Secretary General will transmit the application to the Admission Commission. This Commission will draw up an opinion giving grounds, which it passes to the Secretary General for communication to the members of the Bureau, of the Council, and of the Executive Committee, at the latest at the time of the invitation to the meeting in the course of which the said Committee must make a decision regarding the application for admission.

ARTICLE 7 - ADMISSION PROCEDURE

NATIONAL SECTIONS, REGIONAL SECTIONS AND INDIVIDUAL MEMBERS

1.      Any Intellectual Property Attorney fulfilling the conditions laid down in Article 5, Paragraph 4, or any National Section or Regional Section fulfilling the conditions laid down in Article 5, Paragraphs 2 and 3, and desirous of joining the Federation, shall send to the Secretary General an application in writing acknowledging express adhesion to the Statutes, the Rules and Code of Professional Conduct of the Federation and making known, for each Intellectual Property Attorney, the information necessary to inform the Federation of the nature of his activity and the time during which he has been practising his profession.

2.      The Secretary General will forward the application to the President of the Admission Commission, who will send a notice of the application for comment to the National Associations, National Sections and Regional Sections and to all individual members in the candidate's country, and will undertake an inquiry into the honourable and moral character and ability of the candidate. A reasoned opinion will then be drawn up on the basis of the results of the inquiry by a panel composed of three members and the President of the Admission Commission. The President of the Admission Commission may adopt a unanimous opinion of the panel as the final opinion of his Commission, or he may refer the application to all members of his Commission for a final opinion. The final opinion will be forwarded to the Secretary General who will forward it to the Bureau, the Council and the Executive Committee, in time to be received by these bodies at the latest one day before the start of the working session in the course of which the Executive Committee is to make a decision regarding the application.

3.      The admission of new members of a National Section or a Regional Section, already a member of the Federation, will in principle be subject to the procedure referred to in the preceding paragraphs applying to individual members. Nevertheless, the Executive Committee will have the right, if it thinks it is advisable, to delegate to a National Section or a Regional Section, as far as concerns the admission of its new members, the powers of the Admission Commission, thus authorising the said National Section or Regional Section to propose this admission directly to the Executive Committee, on the basis of an opinion with grounds previously drawn up and forwarded under the conditions laid down in the preceding paragraph.

4.      When a National Section or Regional Section has been given by the Executive Committee the powers of the Admission Commission the procedure for admitting new members by this Section should be deemed to be satisfied by notification to, and mere ratification by, the Executive Committee of such admission by the Section, provided these new members at least satisfy the following conditions :

         (a) they carry on their profession in private practice;

         (b) their qualification in Intellectual Property matters is nationally recognised by membership of an Official Institute or by an Official Title.

5.      If these conditions are not met in any particular case, then the admission shall proceed on the basis of an opinion with grounds, as referred to in Article 7, 3, unless the Section prefers that the case should be dealt with by the Admission Commission.

6.      Any National Section or Regional Section to which the Executive Committee has delegated the powers of the Admission Commission set out under Articles 7.3 and 7.4, may submit a written application to the Secretary General, requesting the Executive Committee to waive the obligation of the National Section or Regional Section to request ratification of their admission decisions.

With its application the National Section or Regional Section shall submit its Statutes, Rules and Code of Professional Conduct, which shall be forwarded to the Deontology Commission for examination with respect to compatibility with the Statutes, Rules, Code of Professional Conduct and Decisions of the Executive Committee. The Deontology Commission shall prepare and forward a reasoned opinion to the Secretary General for communication to the members of the Bureau, the Advisory Council and the Executive Committee, at the latest when the invitation to attend the meeting during which the Executive Committee shall rule on said application is sent out.

A decision to waive the obligation to request ratification may be revoked at any time by an absolute majority vote of the Executive Committee.

7.      An application for emeritus membership shall be accepted upon the Secretary General being satisfied that the member meets the conditions laid down in Article 5 paragraph 5, subject only to payment of a once-only lifetime fee, the amount of which will be determined from time to time by the Executive Committee.

8.      The procedure relating to a candidature not accepted by the Executive Committee shall be kept secret within the Federation.

ARTICLE 8 - STATUTES OF NATIONAL ASSOCIATIONS AND NATIONAL OR REGIONAL SECTIONS

Any National Association and any National or Regional Section that has submitted its Statutes in accordance with Article 7.6, that has amended its Statutes, shall communicate its new Statutes to the Deontology Commission, via the Secretary General.

ARTICLE 9 - CASES OF INCOMPATIBILITY AND EXPULSION

A. Any Intellectual Property Attorney who ceases to be a member of the member National Association may no longer join the Federation or shall cease to be a member thereof except if, having definitively ceased to practise personally, he becomes an emeritus member.

B. The following may be expelled from the Federation:

1.      Any individual Intellectual Property Attorney or any Intellectual Property Attorney who is a member of a National Section or Regional Section, in accordance with Article 5, Paragraphs 2 and 3, who:

         (a) Is the subject of a court judgement involving his honourable character, or who has been deficient in honour or in professional conduct.

         (b) Has violated the rules of good confraternity.

         (c) Has ceased to practise personally, except if he becomes an emeritus member, or who has transferred his practice to another country; in the latter case he may be readmitted to the Federation after having applied for readmission.

2.      Any member of the Federation who:

         (a) After a period of time fixed by the Executive Committee, fails to conform to the Statutes, the Rules and the Code of Professional Conduct in force or to decisions taken by the Committee in accordance with the powers conferred on it.

         (b) Or who, not having paid his subscription for the last year, shall not have put this in order three months after two successive reminders.

3.      Any National Association, National Section or Regional Section whose Statutes, Rules and Code of Professional Conduct no longer meet the conditions set forth in Article 5 above.

4.      Any emeritus member who:

         (a) has resumed practising or represents a business with respect to intellectual property matters;

         (b) is the subject of a court judgement involving his honourable character, or who has been deficient in honour or in conduct.

C.      Any National Association, National Section or Regional Section comprising for three consecutive calendar years less than five members or whose members belong to less than five firms cannot remain a member of the Federation.

When however in a given country due to the small number of Intellectual Property Attorneys this minimum number cannot be met, the Executive Committee is empowered to maintain a National Association or National Section having at least five members from at least three different firms.

The members of a National Association, National Section or Regional Section that cannot remain a member of the Federation continue to belong to the Federation as individual members.

ARTICLE 10 - RESIGNATIONS

All resignations must be addressed to the Secretary General.

ARTICLE 11 - EXECUTIVE COMMITTEE

1.      The Federation is administered by an Executive Committee. The latter is composed of Delegates of the member National Associations, National Sections or Regional Sections, at the rate of one Delegate for each of them, and its Chairman is the President of the Federation.

2.      Each member National Association, National Section or Regional Section shall designate from its members, in addition to the Delegate, a substitute Delegate who shall replace the Delegate if the latter is prevented from attending.

3.      The substitute Delegate may attend the meeting of the Executive Committee and take part in its discussions, but he shall be entitled to vote only if the Delegate is absent.

4.      Each member National Association, National Section or Regional Section shall have one vote only. This right to vote shall be suspended if during the calendar year preceding the vote it comprises less than five members, or if its members belong to less than five firms.

5.      When in a given country due to the small number of Intellectual Property Attorneys this minimum number cannot be met, the Executive Committee is empowered to maintain the right to vote of a National Association or a National Section having at least five members from at least three different firms.

6.      The Executive Committee :

  • shall make absolute decisions regarding questions that are placed on the agenda;
  • shall elect from within the Federation the President and Vice‑President of the Federation, the Secretary General, the one or more Deputy Secretaries General, the Treasurer General, the five to seven Councillors referred to in Article 14 Bis (b) and the Presidents of the various Commissions, the members of the Deontology Commission and of the Finance Advisory Board;
  • may appoint Honorary Presidents and Honorary Members;
  • makes decisions regarding the admission of individual members or members of National Sections and Regional Sections to which the powers of the Admission Commission have not been delegated, on the basis of a reasoned opinion of the Admission Commission or the relevant National Section or Regional Section under Article 7.3, with the proviso that the Bureau may also admit such members in accordance with Article 15.2;
  • makes decisions regarding the admission of new National Associations, National Sections and Regional Sections on the basis of a reasoned opinion of the Admission Commission and an opinion of the Council;
  • makes decisions regarding proposals for expulsion submitted to it accompanied by a reasoned opinion of the Deontology Commission and an opinion of the Council;
  • makes decisions regarding the proposals of the various permanent or temporary Commissions;
  • may appoint one or more Intellectual Property Attorney members of the Federation as Assistants for helping the members of the Bureau in the achievement of their tasks, for instance an Assistant to the Treasurer General, which Assistants shall not be members of the Bureau;
  • determines the Rules and the Code of Professional Conduct;
  • discharges organisations of the Federation from responsibility for their mandates;
  • determines the amount of the annual subscription;
  • decides regarding proposed amendments to the Statutes, which amendments shall be submitted to the National Associations and to the National Sections and Regional Sections at least three months before the meeting of the Executive Committee;
  • may exceptionally reduce the periods of time allowed in Articles 6 and 7;
  • may exceptionally, and notwithstanding Article 5.2, and having first obtained a reasoned and unanimous favourable opinion from the Admission Commission, admit as an individual member an Intellectual Property Attorney belonging to a country where there is either a member National Association or National Section or belonging to a region where there is a member Regional Section, provided that the Intellectual Property Attorney fulfils the desired conditions as to honourable character, moral character, and ability mentioned in Article 5.2.

7.      The Executive Committee may appoint as Honorary Members eminent personalities not belonging to the Federation who have made a significant contribution to the promotion of Intellectual Property.

ARTICLE 12 - PRESIDENT AND VICE‑PRESIDENT OF THE FEDERATION

1.      The elections of the President and Vice‑President are held at the meetings of the Executive Committee, and these duties are honorary; office is assumed at the end of the session at which the election is held.

2.      The President of the Federation shall preside at the meetings of the Bureau and the Council as defined in Article 15, of the Executive Committee and at the General Meeting.

3.      The Vice‑President replaces the President in all his duties whenever the President is prevented from attending, or if requested by the President to do so.

ARTICLE 13 - TERM OF THE PRESIDENCY

The Presidency may not be held by a member of the same National Association, National Section or Regional Section for more than three consecutive years, and the space of one term of office must then elapse before the said Association or Section can again hold the Presidency.

ARTICLE 14 - BUREAU OF THE FEDERATION

1.      The Bureau of the Federation is formed by the President, Vice‑President, Secretary General, if necessary one or more Deputy Secretaries General, and the Treasurer General.

2.      The Vice‑President, the Secretary General, the one or more Deputy Secretaries General, the Treasurer General and the five to seven Councillors referred to under Article 14 Bis. (b) are elected or re‑elected for three years. Their office may be terminated by the Executive Committee.

3.      The Bureau is assisted by the Advisory Council of the Federation.

ARTICLE 14 BIS - ADVISORY COUNCIL OF THE FEDERATION

Unless otherwise agreed by the Advisory Council, the preceding President of the Federation is the co‑ordinator of the Advisory Council.

The Advisory Council comprises :

        (a) former Presidents, Honorary Presidents, as well as the Presidents of the Study and Work Commission, referred to in Article 23, the Communications Commission, referred to in Article 16 bis, the Contact Commission, referred to in Article 17, and the Membership Commission, referred to in Article 18 septies, who are members by right.

        (b) five to seven elected Councillors.

The Councillors referred to under (b) elected or re‑elected for three years are re-eligible only twice and must come from five different countries.

The Bureau shall keep the co‑ordinator informed of its activities. The co‑ordinator can convene a meeting of the Advisory Council.

ARTICLE 15 - DUTIES AND POWERS OF THE BUREAU AND THE ADVISORY COUNCIL

1.      The Bureau, whose members are responsible to the Executive Committee, assumes the duties and responsibilities of the management of the Federation.

2.      The Bureau may admit new individual members or members of National Sections, to which the powers of the Admission Commission have not been delegated, on the basis of a favourable unanimous opinion received from the Admission Commission under Article 7.2.

3.      Notwithstanding the provisions of Paragraphs 4, 5 or 6 below, the Bureau may summarily expel from the Federation in accordance with the Rules any individual member in respect of whom the provisions of Article 9.B.2.(b) are satisfied. Notice of such expulsion shall be given to the Executive Committee at its next meeting.

4.      The Advisory Council of the Federation is a consultative body the task of which is to supervise the due observance of the Statutes, the Rules, the Code of Professional Conduct, the Decisions of the Executive Committee and the Traditions of the Federation. The President and Vice‑President, the Secretary General, the one or more Deputy Secretaries General and the Treasurer General may seek advice or recommendations from the Advisory Council, particularly for solving any question the importance of which would appear to extend beyond the scope of the ordinary administration of the Federation.

5.      Moreover, in any urgent case, the President shall be entitled to summon the Members of the Advisory Council on the basis of an Agenda prepared by him in consultation with the Bureau. After consultation with the Advisory Council, the Bureau may take any provisional and urgent decision in the interest of the Federation; this decision will be subjected to ratification by the Executive Committee at its next meeting.

6.      However, if it becomes impossible, in an urgent case of this kind, to hold a meeting of the Advisory Council, the Bureau may take any decision after having obtained, by correspondence or direct contact, the opinions of all the members of the Advisory Council, as far as this is possible, and this decision will then be subjected to ratification by the Executive Committee at its next meeting.

7.      The President may ask the Presidents of other Commissions interested in the Agenda to attend the meetings of the Advisory Council.

ARTICLE 16 - ADMISSION COMMISSION

The Admission Commission carries out inquiries and draws up opinions, indicating grounds, as prescribed in Article 6 and 7. It is composed of at least five members one of whom shall be the Chairman, who shall be elected by the Executive Committee. The designation of the members of this Commission shall be determined by the Rules.

ARTICLE 16 BIS - COMMUNICATIONS COMMISSION

The Communications Commission is charged with the promotion of the Federation to the general public and to the intellectual property community and for the publication, by whatever means, of newsletters and other documents relative to the Federation and its membership.

Its President is elected by the Executive Committee. Its members are chosen by its President after consultation with the Bureau.

The members of the Bureau and the President of the Contact Commission are ex-officio members of the Commission.

Any published list of members shall contain no misleading information on the members’ qualifications to practise. In particular where a member whose place of business is in a country where he or she is not entitled to practise, an annotation to that effect shall be included in such list.

ARTICLE 17 - CONTACT COMMISSION

The Contact Commission shall act within the framework of Article 2, paragraph 6, of the Statutes and shall be charged with contacts with other international organisations.

It is charged to make and maintain, at the request of the Bureau, contacts with national Intellectual Property Attorneys organisations and with Intellectual Property Attorneys so as to make the Federation known and facilitate possible memberships.

Its President is elected by the Executive Committee. Its members are chosen by its President after consultation with the Bureau.

The members of the Bureau and the President of the Communications Commission are ex-officio members of the Commission.

ARTICLE 18 - DEONTOLOGY COMMISSION

The Deontology Commission is charged with studying deontology questions and, when it is consulted by the Bureau concerning a possible violation of the Statutes, Rules, Code of Professional Conduct, or decisions of the Federation, with instituting an enquiry and proposing the procedure to be followed and the action to be taken. It is composed of a President elected or re‑elected for 3 years and of 9 members elected for 9 years, one third of whom are elected every 3 years.

ARTICLE 18 BIS - STATUTES COMMISSION

The Statutes Commission is charged with preparing, at the request of the Bureau, the proposals for modifications to the Statutes, to the Rules and to the Code of Professional Conduct.

Its President is elected by the Executive Committee. Its members are chosen by its President after consultation with the Bureau.

ARTICLE 18 TER - FINANCE ADVISORY BOARD

The Finance Advisory Board supports the Bureau and the Treasurer General and advises the Executive Committee on financial policies of the Federation.

It analyses needs, develops and promotes and implements financial measures designed to secure the Federation's income and assets.

It makes recommendations concerning the organisation and performances of the Treasurer General's and the auditor's duties.

It is consulted with regard to, and may implement, the Bureau's financial reports and proposals.

It is a Commission of the Federation and consists of a President and at least three other members, elected by the Executive Committee for a period of three years. Re-elections are possible.

ARTICLE 18 QUATER - TRAINING AND EDUCATION COMMISSION

The Training and Education Commission promotes training and continuing education of members of the Federation and others interested in Intellectual Property protection, in accordance with Article 2.7.

Its President is elected by the Executive Committee and is ex-officio member of the Study and Work Commission (CET).

The members of the Commission are chosen by its President after consultation with the Bureau.

ARTICLE 18 QUINQUIES

For Commissions other than those cited in Article 16 to 18 Quater, which have been created or shall be created by decision of the Executive Committee, the President shall be elected by the Executive Committee. Its members are chosen by its President after consultation with the Bureau.

The election of the President of such Commissions follows the general provisions given in Article 19 hereunder.

ARTICLE 18 SEXIES - PROFESSIONAL EXCELLENCE COMMISSION

The Professional Excellence Commission (PEC) studies, develops positions, and makes recommendations regarding matters of professional practice with the objective of maintaining the requirements for membership of the profession at a high level. These matters include professional standards, best practices, continuing professional development and the profession as a business. It also monitors initiatives that seek to regulate the profession and its rights of representation.

Its President is elected by the Executive Committee and the members of the Commission are chosen by its President after consultation with the Bureau.

ARTICLE 18 SEPTIES - MEMBERSHIP COMMISSION

The Membership Commission has an advisory role and is charged with studying how to increase the membership of the Federation amongst eligible Intellectual Property Attorneys. It reviews the quality of the services that the Federation provides to its members and makes recommendations on how to increase participation by members in events organised by the Federation. It also makes recommendations on how to increase professional cooperation and the sharing of information between the members of the Federation.

Its President is elected by the Executive Committee, and the Presidents of the Contact and Admissions Commissions are ex officio members. Its other members are chosen by its President after consultation with the Bureau.

ARTICLE 18 OCTIES - EUROPEAN UNION MEMBERS COMMISSION OF FICPI (EUCOF)

The European Union Members Commission of FICPI (EUCOF) deals with IP related matters relevant to the European Union including those which concern the professional qualifications of, and right to provide services by, Intellectual Property Attorneys who wish to practise in the European Union.

EUCOF offers support to members of the Federation in their dealings with pan-European IP authorities.

EUCOF seeks to facilitate and strengthen relations with all pan-European institutions interested in intellectual property, including the European Parliament, the European Commission, and the Court of Justice of the European Union.

Its President is elected by the Executive Committee and its members are chosen by its President in consultation with the Bureau.

ARTICLE 19 - ELECTIONS OF THE PRESIDENT, THE VICE‑PRESIDENT, THE SECRETARY GENERAL, THE ONE OR MORE DEPUTY SECRETARIES GENERAL, THE TREASURER GENERAL, THE MEMBERS OF THE ADVISORY COUNCIL AND THE PRESIDENTS OF COMMISSIONS AND THE MEMBERS OF THE DEONTOLOGY COMMISSION

The election by the Executive Committee of the President, the Vice‑President, the Secretary General, the one or more Deputy Secretaries General, the Treasurer General the elected Councillors, the Presidents of the various Commissions and the members of the Deontology Commission is effected by secret ballot, separately for each office. If, at the first ballot, an absolute majority is not obtained, a second ballot is held. If this still fails to produce an absolute majority, a third ballot, with relative majority, will be held. In case of equality, lots will be drawn to decide. The chairmen of commissions are elected or re‑elected for three years.

ARTICLE 20 - GENERAL MEETING

All members are convened to a General Meeting at least once every five years. This General Meeting will be held jointly with a meeting of the Executive Committee.

The agenda of the Meeting is drawn up jointly by the President, the Secretary General, the one or more Deputy Secretaries General and the Treasurer General.

The General Meeting is presided over by the President of the Federation, assisted by the other members of the Bureau of the Executive Committee (See Article 14). It may issue only opinions or wishes, the study and final solution of which are remitted to the Executive Committee.

ARTICLE 21 - MEETINGS OF THE EXECUTIVE COMMITTEE

The Executive Committee meets at least once a year.

It shall also meet when a request to that end is addressed to the President of the Federation, either by the Council or by at least half of the member National Associations, National Sections or Regional Sections.

The President of the Federation directs the meetings of the Executive Committee, assisted by the Vice‑President, the Secretary General, the one or more Deputy Secretaries General and the Treasurer General who have only a consultative function. The Secretary General shall draw up the minutes of the meetings.

Every National Association, National Section or Regional Section not represented by its Delegate or Substitute Delegate may give a proxy to any member of the Federation, and such member shall then validly act as mandatory Delegate and dispose of the vote of the Association or Section from which he received the said proxy.

The members of the Advisory Council shall have the right to attend the meeting of the Executive Committee, with a consultative role.

ARTICLE 22 - VOTES OF THE EXECUTIVE COMMITTEE

1.      The Executive Committee may only validly meet if at least two‑thirds of the National Associations, National Sections and Regional Sections are represented.

2.      If a quorum is not achieved, a new meeting will be called. It will then validly meet, even if there is no quorum, on the questions previously shown on the agenda.

3.      The decisions of the committee shall be valid only if they are adopted with an absolute majority. In case of equality of votes, the President shall decide.

A majority of three‑quarters is necessary for the admission of new Associations, Sections or individual members, for the fixing of subscriptions, and for amending the Statutes of the Federation. Unanimity is necessary for establishing the Code of Professional Conduct and professional rules which are to be binding on all members.

An absolute majority means that there is a greater number of affirmative votes than negative votes and the, number of affirmative votes is not fewer than 30% of the full number of National Associations, National Sections and Regional Sections adhering to the Federation. A three‑quarters majority means that the number of affirmative votes is at least three times the number of the negative votes and the number of affirmative votes is not fewer than 40% of that full number.

Unanimity means that there are no negative votes and that the number of affirmative votes is not fewer than 50% of that full number. Therefore abstention votes are to be ignored as regards majority and unanimity votes.

ARTICLE 23 - STUDY AND WORK COMMISSION AND SUB‑COMMISSIONS

1.      The various questions to be placed on the agenda of a meeting of the Executive Committee must, except in cases of exceptional urgency, be submitted to a Study and Work Commission including a President elected by the procedure provided in Article 19. This Commission shall distribute the work between a number of Sub-Commissions, permanent or temporary.

2.      These Sub-Commissions may comprise distinguished people who do not belong to the Federation. The Rules of the Federation shall determine the method of appointing the members of these commissions and the procedure for their work.

3.      The President of the Federation, the Vice‑President, the Secretary General, the one or more Deputy Secretaries General, the Treasurer General, the President of the Training and Education Commission and the President of the Professional Excellence Commission are ex-officio members of the Study and Work Commission. The other members are selected by the President of the Study and Work Commission after consulting the Bureau and the Advisory Council.

ARTICLE 24 - SUBSCRIPTION

1.      Apart from emeritus members, each member of the Federation shall pay an annual subscription fee. The amount of the subscription fee for National Associations and for National and Regional Sections shall comprise a fixed subscription fee and a subscription fee calculated by reference to the number of their members. The amounts of the different types of subscription fees shall be decided by the Executive Committee.

2.      Subject to Executive Committee approval, that part of the subscription fee calculated by reference to membership numbers for Associations and Sections shall comprise:

(a)      a first component, proportional to membership numbers of the Association or Section up to a first number of members, calculated at a first rate per member; and

(b)     where applicable, a second component proportional to membership numbers of the Association or Section in excess of the first number up to and including a second number of members, calculated at a second rate per member, lower than the first rate, for each such member; and

(c)      where applicable, a third component proportional to membership numbers of the Association or Section in excess of the second number up to and including a third number of members, calculated at a third rate per member, lower than the second rate, for each such member; and

(d)     where applicable, if membership numbers of the Association or Section are above the third number, a fourth component proportional to membership numbers of the Association or Section in excess of the third number calculated at a fourth rate per member,, lower than the third rate for each such member.

3.      The annual subscription fee for Associations and Sections may be reduced or waived by a decision of the Executive Committee should a legal or financial obstacle arise, for as long as that obstacle exists.

ARTICLE 25 - ENTRY INTO FORCE OF THE STATUTES

The Statutes of the Federation were established at Milan on 1 September 1906 and amended at the meetings of the Executive Committee on 11 June 1927 at Geneva, on 24 May 1947 at The Hague (Scheveningen), on 7 June 1957 at Gjövik, on 2 May 1960 at Rome, on 7 June 1968 at Sandefjord, on 19 September 1969 at Ebeltoft, on 1 March 1973 at Vienna, on 29 March 1977 at Buenos Aires, on 19 May 1980 at Bergen, on 15 May 1982 at Berlin, on 16 January 1986 at Funchal, on 17 October 1986 at Melbourne, on 21 October 1987 at Hilton Head, on October 1989 at Venice, on February 1991 at Johannesburg, on 4 September 1991 at Harrogate, on 20 March 1992 at Igls, on 11 June 1993 at Vejle, on 23 June 1994 at Vienna, on 27 February 1997 at Hong Kong, on 19 October 1998 at Florence, on 1 February 2000 in Cape Town, on 6 February 2001 in Seville, on 8 October 2002 in Prague, on 2 June 2003 in Berlin, on 2 May 2005 in Seoul, on 15 April 2008 in Sydney, on 6 September 2010 in Munich, on 15 March 2011 in Cape Town, on 8 November 2011 in Rome, on 17 April 2012 in Melbourne, on 22 January 2013 in Cartagena, on 1 October 2013 in Sorrento, on 9 April 2014 in Kyoto, on 4 November 2014 in Barcelona, on 12 April 2016 in Zurich and on 28 March 2017 in Hangzhou.

The President
Douglas Deeth

The Secretary General
Roberto Pistolesi

The President of the Statutes Commission
Greg Chambers

_______________________________________________________________________

[1]  L’expression «Conseil en Propriété Intellectuelle» doit être interprétée au sens le plus large, comme désignant toute personne physique qualifiée pratiquant la profession de conseil en matière de propriété intellectuelle, en vertu des lois et règlements nationaux applicables à l’exercice de cette profession s’ils existent (en France: Conseil en Propriété Industrielle; en Grande-Bretagne: Patent Agent ou Patent Attorney; aux États-Unis: Patent Attorney; en Allemagne: Patentanwalt).

The literal English translation of the French term «Conseil en Propriété Intellectuelle» would be «Consulting Agent for Intellectual Property». This designation, however, would be misleading, as «Consulting Agent» in the English language refers to a different profession. The term «Intellectual Property Attorney» used in this translation should be interpreted in its broadest sense as covering any qualified natural person practising the profession as advisor in matters relating to protection of intellectual property under the national laws and regulations if any, pertaining to this profession. (France: Conseil en Propriété Industrielle; Great Britain: Patent Agent or Patent Attorney; USA: Patent Attorney; Germany: Patentanwalt).

Email

Password

Please contact webmaster@ficpi.org if you have forgotten your login credentials