Rządowy projekt ustawy o ratyfikacji Aktu genewskiego Porozumienia haskiego w sprawie międzynarodowej rejestracji wzorów przemysłowych, przyjętego w Genewie dnia 2 lipca 1999 r.

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(vii) adopt the financial regulations of the Union;


(viii) establish such committees and working groups as it deems appropriate to
achieve the objectives of the Union;


(ix) subject to paragraph
(1)(c), determine which States, intergovernmental
organizations and non-governmental organizations shall be admitted to its meetings as
observers;


(x) take any other appropriate action to further the objectives of the Union and
perform any other functions as are appropriate under this Act.

(b) With respect to matters which are also of interest 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) [Quorum] (a) One-half of the members of the Assembly which are States and have
the right to vote on a given matter shall constitute a quorum for the purposes of the vote on
that matter.

(b) Notwithstanding the provisions of subparagraph (a), if, in any session, the
number of the members of the Assembly which are States, have the right to vote on a given
matter and are represented is less than one-half but equal to or more than one-third of the
members of the Assembly which are States and have the right to vote on that matter, the
Assembly may make decisions but, with the exception of decisions concerning its own
procedure, all such decisions shall take effect only if the conditions set forth hereinafter are
fulfilled. The International Bureau shall communicate the said decisions to the members of
the Assembly which are States, have the right to vote on the said matter and 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 such members having thus expressed their vote or abstention attains the number of
the members 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.

(4) [Taking Decisions in the Assembly] (a) The Assembly shall endeavor to take its
decisions by consensus.

(b) Where a decision cannot be arrived at by consensus, the matter at issue shall be
decided by voting. In such a case,


(i) each Contracting Party that is a State shall have one vote and shall vote only
in its own name, and


(ii) any Contracting Party that is an intergovernmental organization may 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 Act, and no such intergovernmental organization shall participate in
the vote if any one of its Member States exercises its right to vote, and vice versa.

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(c) On matters concerning only States that are bound by Article
2 of the
Complementary Act of 1967, Contracting Parties that are not bound by the said Article shall
not have the right to vote, whereas, on matters concerning only Contracting Parties, only the
latter shall have the right to vote.

(5) [Majorities] (a) Subject to Articles 24(2) and 26(2), the decisions of the Assembly
shall require two-thirds of the votes cast.

(b) Abstentions shall not be considered as votes.

(6) [Sessions] (a) The Assembly shall meet once in every second calendar year in
ordinary session upon convocation by the Director General and, in the absence of exceptional
circumstances, during the same period and at the same place as the General Assembly of the
Organization.

(b) The Assembly shall meet in extraordinary session upon convocation by the
Director General, either at the request of one-fourth of the members of the Assembly or on the
Director General’s own initiative.

(c) The agenda of each session shall be prepared by the Director General.

(7) [Rules of Procedure] The Assembly shall adopt its own rules of procedure.


Article 22
International Bureau

(1) [Administrative Tasks] (a) International registration and related duties, as well as all
other administrative tasks concerning the Union, shall be performed by the International
Bureau.

(b) In particular, the International Bureau shall prepare the meetings and provide the
secretariat of the Assembly and of such committees of experts and working groups as may be
established by the Assembly.

(2) [Director General] The Director General shall be the chief executive of the Union
and shall represent the Union.

(3) [Meetings Other than Sessions of the Assembly] The Director General shall convene
any committee and working group established by the Assembly and all other meetings dealing
with matters of concern to the Union.

(4) [Role of the International Bureau in the Assembly and Other Meetings] (a) The
Director General and persons designated by the Director General shall participate, without the
right to vote, in all meetings of the Assembly, the committees and working groups established
by the Assembly, and any other meetings convened by the Director General under the aegis of
the Union.

(b) The Director General or a staff member designated by the Director General shall
be ex officio secretary of the Assembly, and of the committees, working groups and other
meetings referred to in subparagraph (a).
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(5) [Conferences] (a) The International Bureau shall, in accordance with the
directions of the Assembly, make the preparations for any revision conferences.

(b) The International Bureau may consult with intergovernmental organizations and
international and national non-governmental organizations concerning the said preparations.

(c) The Director General and persons designated by the Director General shall take
part, without the right to vote, in the discussions at revision conferences.

(6) [Other Tasks] The International Bureau shall carry out any other tasks assigned to it
in relation to this Act.


Article 23
Finances

(1) [Budget] (a) The Union shall have a budget.

(b) The budget of the Union shall include the income and expenses proper to the
Union and its contribution to the budget of expenses common to the Unions administered by
the Organization.

(c) Expenses not attributable exclusively to the Union but also to one or more other
Unions administered by the Organization shall be considered to be expenses common to the
Unions. The share of the Union in such common expenses shall be in proportion to the
interest the Union has in them.

(2) [Coordination with Budgets of Other Unions] The budget of the Union shall be
established with due regard to the requirements of coordination with the budgets of the other
Unions administered by the Organization.

(3) [Sources of Financing of the Budget] The budget of the Union shall be financed from
the following sources:


(i) fees relating to international registrations;


(ii) charges due for other services rendered by the International Bureau in relation
to the Union;


(iii) sale of, or royalties on, the publications of the International Bureau
concerning the Union;


(iv) gifts, bequests and subventions;


(v) rents, interests and other miscellaneous income.

(4) [Fixing of Fees and Charges; Level of the Budget] (a) The amounts of the fees
referred to in paragraph (3)(i) shall be fixed by the Assembly on the proposal of the Director
General. Charges referred to in paragraph 3(ii) shall be established by the Director General
and shall be provisionally applied subject to approval by the Assembly at its next session.

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(b) The amounts of the fees referred to in paragraph (3)(i) shall be so fixed that the
revenues of the Union from fees and other sources shall be at least sufficient to cover all the
expenses of the International Bureau concerning the Union.

(c) If the budget is not adopted before the beginning of a new financial period, it
shall be at the same level as the budget of the previous year, as provided in the financial
regulations.

(5) [Working Capital Fund] The Union shall have a working capital fund which shall be
constituted by the excess receipts and, if such excess does not suffice, by a single payment
made by each member of the Union. If the fund becomes insufficient, the Assembly shall
decide to increase it. The proportion and the terms of payment shall be fixed by the Assembly
on the proposal of the Director General.

(6) [Advances by Host State] (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 those 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.

(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.

(7) [Auditing of Accounts] The auditing of the accounts shall be effected by one or more
of the States members of the Union or by external auditors, as provided in the financial
regulations. They shall be designated, with their agreement, by the Assembly.


Article 24
Regulations

(1) [Subject Matter] The Regulations shall govern the details of the implementation of
this Act. They shall, in particular, include provisions concerning


(i) matters which this Act expressly provides are to be prescribed;


(ii) further details concerning, or any details useful in the implementation of, the
provisions of this Act;

(iii)
any
administrative
requirements, matters or procedures.

(2) [Amendment of Certain Provisions of the Regulations] (a) The Regulations may
specify that certain provisions of the Regulations may be amended only by unanimity or only
by a four-fifths majority.

(b) In order for the requirement of unanimity or a four-fifths majority no longer to
apply in the future to the amendment of a provision of the Regulations, unanimity shall be
required.

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(c) In order for the requirement of unanimity or a four-fifths majority to apply in the
future to the amendment of a provision of the Regulations, a four-fifths majority shall be
required.

(3) [Conflict Between This Act and the Regulations] In the case of conflict between the
provisions of this Act and those of the Regulations, the former shall prevail.



CHAPTER III

REVISION AND AMENDMENT

Article 25
Revision of This Act

(1) [Revision Conferences] This Act may be revised by a conference of the Contracting
Parties.

(2) [Revision or Amendment of Certain Articles] Articles 21, 22, 23 and 26 may be
amended either by a revision conference or by the Assembly according to the provisions of
Article 26.


Article 26
Amendment of Certain Articles by the Assembly

(1) [Proposals for Amendment] (a) Proposals for the amendment by the Assembly of
Articles 21, 22, 23 and this Article may be initiated by any Contracting Party or by the
Director General.

(b) Such proposals shall be communicated by the Director General to the
Contracting Parties at least six months in advance of their consideration by the Assembly.

(2) [Majorities] Adoption of any amendment to the Articles referred to in paragraph (1)
shall require a three-fourths majority, except that adoption of any amendment to Article 21 or
to the present paragraph shall require a four-fifths majority.

(3) [Entry into Force] (a) Except where subparagraph (b) applies, any amendment to
the Articles referred to in paragraph (1) 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 those Contracting
Parties which, at the time the amendment was adopted, were members of the Assembly and
had the right to vote on that amendment.

(b) Any amendment to Article 21(3) or (4) or to this subparagraph shall not enter
into force if, within six months of its adoption by the Assembly, any Contracting Party
notifies the Director General that it does not accept such amendment.