THE FIRST CHAPTER GENERAL RULES
1.The name of the association is All-China Patent Agents Association, English translated name: All-China Patent Agents Association, English abbreviation: ACPAA.
2.This association is a national self-disciplined non-profit professional association composed by Chinese patent agents.
3.The aim of this association is to unite and educate its members to comply with constitutions, laws, regulations and national policies, abiding by the social ethics; to be loyal to the patent agents profession, abiding by the professional ethics and disciplines; to coordinate the internal and external relations, safeguard the legal rights and interests of members, improve the professional qualities of members; to strengthen self-discipline, prevent unfair competition, promote the healthy development of patent agents profession, develop the international communications and cooperation.
4.This association accepts the official instruction and supervision from State Intellectual Property Office of P. R. China and Ministry of Civil Affairs of P. R. C.
5.The association locates in Beijing.
THE SECOND CHAPTER FUNCTION
6.Function of the association:
1).To guarantee the normal orders of patent agents profession, safeguard the legal rights and interests of patent agents.
2).To strengthen and improve management and self-discipline, formulate and supervise the professional rules and moral standards of patent agents.
3).To summarize and communicate work experiences of Chinese patent agents, extend the business scope of patent agents.
4).To organize and develop the professional training of patent agents, academic exchanges and discussing activities.
5).To organize, collect and study the positive ideas of intellectual property rights laws and regulations and patent agents principles, provide suggestion to State Intellectual Property Office, coordinate internal and external relationships.
6).To assist State Intellectual Property Office of China with the works of Patents Agents Qualification Examination, issue the qualification certificate to eligible patent patents.
7).To check, issue and alternate the work permit of qualified patent agents
8).To participate in the works of Disciplinary Committee led by State Intellectual Property Office, carefully carry out the punishment and warning rules to patent agents.
9).To develop the communications and cooperation with foreign patent agents, participate in international conferences and activities.
10).To publicize the works of patent agents, publish professional journals, develop relevant consulting services.
11).To carry out professional managements.
THE THIRD CHAPTER MEMBER
7.Member of the association includes group members and individual members.
The group member of association is the patent agencies established in line with laws.
The individual member of association is qualified patent agent with work permit in line with stipulation of Patent Agents’ Rules.
8.Member enjoys following rights:
1).The elected right, right to be elected and right to vote;
2).To take part in the study, training, research and experience communication activities;
3).To obtain the service priority right of the association;
4).To provide suggestion and proposals of legislation and law to relevant department through this association;
5).Criticism and suggestions rights and authority to supervise;
6).To supervise the association’s revenue and expenditure of membership fees
1).To comply with the association’s regulations, carry out the association’s decision;
2).To accept the association’s instruction, supervision, management and training, complete the works entrusted by the association;
3).To comply with patent agents’ professional ethics and professional principles, abide by the rules and regulations of patent agents profession;
4).To pay the membership fees according to stipulations.
10.Providing the membership fee was not paid or not took part in activities organized by association for 1 year, the membership would be cancelled voluntarily.
11.For following situation, the association will praise, entitle or reward a member:
1).Outstanding achievement in the profession
2).Actively develop new business in the profession, with outstanding results
12.If a member seriously violates the regulations, he/she will be punished or repelled according to the vote of Board or Standing Board of association.
THE FOURTH CHAPTER STRUCTURE AND LEADERSHIP
13.The supreme authority organ of the association is Members Congress.
The representatives of Members Congress are produced through election or democratic consultation from every district and department.
Functions and Powers of Members Congress are as follows:
1).To make and revise regulations;
2).To elect and dismiss member of a council;
3).To examine and approve the work report and financial report of board;
4).To decide termination cases;
5).To decide other important cases;
14.Members Congress must be hold with more than two third members’ representatives present, and its decision has to be available with more than half votes.
15.Members Congress holds every 3 year. In times of particular cases, needed to be ahead of time or postponed to re-elect, it has to be passed by vote of Board, be submitted responsible unit of business to examine and approve and be ratified by association registration and management organ. But the postponed re-elect shall not exceed 1 year.
16.Board is the executive structure of Members Congress, leading the association to develop daily work during meeting closing, and responsible for Members Congress.
17.Functions and Powers of Board are as follows:
1).To carry out the decision of Members Congress;
2).To elect and dismiss the president, vice president and secretary general;
3).To prepare the organizing works of Members Congress;
4).To report works and financial state to Members Congress;
5).To decide members’ enrollment or dismissal;
6).To decide to establish administrative body, branch body, representative body and entity body;
7).To decide the employment of deputy secretary and officials of every body;
8).To lead every department of association to develop works;
9).To make the internal management systems;
10).To decide other important cases.
18.Board has to be held with more than two third members present, and its decisions must be available with more than half votes.
19.Board meeting holds at least once a year; in case of special situation it also holds according to further communication.
20.The Standing board composed by president, vice president, secretary general and standing board members. Standing board undertakes duties regulated in Article 17 (1) (3)(5)(6)(7)(8)(9) and responsible for the Board.
21.Standing Board shall be hold with more than two third members presenting, and its decisions must be passed with more than two third of votes.
22.Standing Board meeting holds at least every 6 months; in case of special situation it also holds according to further communication.
23.The president, vice president and secretary general of the association shall:
1).Adhering to Party’s guidelines and policies, with good political qualities;
2).Having great influence in the trade fields of our association;
3).The age of president, vice president and secretary general shall not beyond 70, and secretary general works fulltime;
4).Healthy and competent for daily work;
5).Not charged with criminal verdicts or deprived of political rights;
6).Having completed civil capacity.
24.If the age of president, vice president and secretary general beyond the limit, with the approval of Board, relevant superior governmental department and administration department of NGOs, the candidate can be elected.
25.The term of president, vice president and secretary general is three years, and can’t be re-elected after two consecutive terms. If necessary to prolong the term for some particular reasons, it has to be passed by more than two third votes of member representatives, and with the supervision of administration department of NGOs. The vice president of association ordered according to the number of votes in election. If the president can’t continue to be in office for some reasons, the duty of the president falls to one vice president.
26.Secretary General of the association is the legal representative of the association.
The legal representative can’t be part-time legal representative of other associations.
27.The president of association exercises following functions and powers:
1).To organize and preside over Board and Standing Board
2).To check the decision practice of Members Congress, Standing Board and Board;
3).To represent the association to sign the related documents.
28.The secretary general of association exercises following functions and powers:
1).To hold administrative body to develop the daily works and implement annual work plans;
2).To coordinate with branch bodies
3).To nominate deputy secretary general and main officials of administrative body, branch, affiliated body for Board’s approval;
4).Recruitment of personnel in administrative body
5).Other daily affairs.
THE FIFTH CHAPTER PRINCIPLES OF MANAGEMENT AND USE OF ASSETS
29.Financial sources of the association:
3).Financial aids by government;
4).Incomes of services rendered and activities within the function of association
6).Other legal income
30.Membership fee is collected according to relevant laws
31.Expenditure of the association has to be used within the function stipulated by the regulations and enterprise development, and can’t be allocated to members.
32.The association establishes the strict financial management principles, in order to guarantee legal, real, correct and intact accounting materials.
33.The association provides the accountant with special qualification; accountant can’t be a cashier concurrently. Accountants should have accounting and carry out accounting supervising system. When accountants transfer job or resign, they must hand over their works with successor.
34.Property management of the association has to implement the financial management system stipulated by state, accepting the supervising of Members Congress and financial department. Property sources belonged to national financial allocation or social donation has to accept the supervising of auditing authorities and publicize some relevant things to society in suitable ways.
35.The association has to accept the financial auditing organized by associations registration and management organ and responsible institutions of business before the association re-election or legal representative alteration.
36.The property of the association can’t be invaded, embezzled and diverted.
37.The salary, insurance and welfare treatment of professional workers of the association take place on the national relevant stipulations for Enterprise Units.
THE SIXTH CHAPTER REVISION PROCEDURE OF REGULATIONS
38.The revision to the regulations has to submit to the Members Congress for examining and approving after vote passed in Board.
39.The regulations revised by the association, 15 days after Members Congress passed, examined and approved by the responsible unit of business, checked and approved through submitting to associations registration and management organ, take into effect.
THE SEVENTH CHAPTER PROCEDURE TERMINATION AND PROPERTY SETTLEMENT AFTER TERMINATION
40.The association needs to be dismissed for the reasons such as the goal has been accomplished, dismiss of it, or establish independently, merged, will be proposed the termination motion by Board or Standing Board.
41.Motion termination of the association has to be passed by vote in Member Congress and submitted it to responsible unit of business for examining and approving.
42.Before the termination of the association, it should establish the clearing organization instructed by responsible unit of business or relevant organ, to clear the credits and debts, handle the remaining problems. In time of clearing, it can’t develop other activities besides clearing.
43.The association will be canceled after the association registration and management organ handled the termination registration formalities.
44.The remained property after termination of the association, under the supervision of representative unit of business and association registration and management organ, is used for developing relevant undertakings with the aims of the association according to the relevant stipulations of state.
THE EIGHTH CHAPTER SUPPLEMENTARY PROVISIONS
45.The regulations passed by vote in Members Congress on February 25, 2003.
46.The right of interpretation of the regulations belongs to the Board of association.
47.The regulations will take into effect since the examining and approving date of association registration and management organ.