Subject: WIPO Treaties: Administrative and Final Clauses
From: Emanuella Giavarra (ecup.secr@dial.pipex.com)
Date: to 02 tammi 1997 - 19:02:13 EET
Dear list members,
The Administrative and Final Clauses given in this message apply to both
Treaties. I will follow the numbering of the Articles of the WIPO
Copyright Treaty. The most important Article is 19 on the Signature of
the Treaty. Although the Treaties were signed by most of the delegates
present at the Conference, the Treaties have to be signed officially by
the Member States before December 31, 1997. Each Member State has
still the possibility to decide not to sign the Treaties.
ARTICLE 15
ASSEMBLY
(1)(a) The Contracting Parties shall have an Assembly
(b) Each Contracting Party 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 Contracting
Party that has appointed the delegation. The Assembly may ask the World
Intellectual Property Organization (hereinafter referred to as "WIPO") to
grant financial assistance to facilitate the participation of delegations
of Contracting Parties that are regarded as developing countries in
conformity with the established practice of the General Assembly of the
United Nations or that are countries in transition to a market economy.
(2)(a) The Assembly shall deal with matters concerning the maintenance
and development of this Treaty and the application and operation of this
Treaty.
(b) The Assembly shall perform the functions allocated to it under
Article 17(2) in respect of the admission of certain intergovernmental
organizations to become party to this Treaty.
(c) The Assembly shall decide the convocation of any diplomatic
conference for the revision of this Treaty and give the necessary
instructions to the Director General of WIPO for the preparation of such
diplomatic conference.
(3)(a) Each Contracting Party that is a State shall have one vote and
shall vote only in its own name.
(b) Any Contracting Party that is an intergovernmental organization may
participate in the vote, in place of its Member States, with a number of
votes equal to the number of its Member States which are party to this
Treaty. No such intergovernmental organizations shall participate in the
vote if any one of its Member States exercises its right to vote and vice
versa.
(4) The Assembly shall meet in ordinary session once every two years upon
convocation by the Director General of WIPO.
(5) The Assembly shall establish its own rules of procedure, including
the convocation of extraordinary sessions, the requirements of a quorum
and, subject to the provisions of this Treaty, the required majority for
various kinds of decisions.
ARTICLE 16
INTERNATIONAL BUREAU
The International Bureau of WIPO shall perform the administrative tasks
concerning the Treaty.
ARTICLE 17
ELIGIBILITY FOR BECOMING PARTY TO THE TREATY
(1) Any Member State of WIPO may become party to this Treaty.
(2) The Assembly may decide to admit any intergovernmental organization
to become party to this Treaty which declares that it is competent in
respect of, and has its own legislation binding on all Member States on,
matters covered by this Treaty and that it has been duly authorized, in
accordance with its internal procedures, to become party to this Treaty.
(3) The European Community, having made the declaration referred to in
the preceding paragraph in the Diplomatic Conference that has adopted
this Treaty, may become party to this Treaty.
ARTICLE 18
RIGHTS AND OBLIGATIONS UNDER THE TREATY
Subject to any specific provisions to the contrary in this Treaty, each
Contracting Party shall enjoy all of the rights and assume all of the
obligations under this Treaty.
ARTICLE 19
SIGNATURE OF THE TREATY
This Treaty shall be open for signature until December 31, 1997, by any
Member State of WIPO and by the European Community.
ARTICLE 20
ENTRY INTO FORCE OF THE TREATY
This Treaty shall enter into force three months after 30 instuments of
ratification or accession by States have been deposited with the Director
General of WIPO.
ARTICLE 21
EFFECTIVE DATE OF BECOMING PARTY TO THE TREATY
This Treaty shall bind
(i) the 30 States referred to in Article 20, from the date on which this
Treaty has entered into force;
(ii) each other State from the expiration of three months from the date
on which the State has deposited its instrument with the Director General
of WIPO;
(iii) the European Community, from the expiration of three months after
the deposit of its instrument of ratification or accession if such
instrument has been deposited after the entry into force of this Treaty
according to Article 20, or, three months after the entry into force of
this Treaty if such instrument has been deposited before the entry into
force of this Treaty;
(iv) any other intergovernmental organization that is admitted to become
party to this Treaty, from the expiration of three months after the
deposit of its instrument of accession.
ARTICLE 22
NO RESERVATIONS TO THE TREATY
No reservations to this Treaty shall be admitted.
ARTICLE 23
DENUNCIATION OF THE TREATY
This Treaty may be denounced by any Contracting Party by notification
addressed to the Director General of WIPO. Any denunciation shall take
effect one year from the date on which the Director General of WIPO
received the notification.
ARTICLE 24
LANGUAGES OF THE TREATY
(1) This Treaty is signed in a single original in English, Arabic,
Chinese, French, Russian and Spanish languages, the versions in all these
languages being equally authentic.
(2) An official text in any language other than those referred to in
paragraph (1) shall be established by the Director General of WIPO on the
request of an interested party, after consulting with all the interested
parties. For the purposes of this paragraph, "interested party" means any
Member State of WIPO whose official language, or one of whose official
languages, is involved and the European Community, and any other
intergovernmental organization that may become party to this Treaty, if
one of its languages is involved.
ARTICLE 25
DEPOSITARY
The Director General of WIPO is the depositary of this Treaty.
(End of document)
Kind regards,
Emanuella Giavarra
Moderator
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