(c)各代表团之费用由指派之各缔约之一方负担。大会得要求世界智慧财产权组织(以下称WIPO)提供财务上之援助,以促进依联合国大会既定惯例认定为开发中国家或转型至市场经济国家之缔约各方之代表团之参与。
(b)任何缔约之一方为政府间组织者,得代表其会员国参与表决,其代表数应等于该政府间组织中为本条约缔约之一方之会员国数目。如该政府间组织之任何一个会员国行使表决权时,该政府间组织不得行使表决权,反之亦然。
(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 function 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 organization 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.
第16条 国际局
WIPO所属之国际局应执行与本条约有关之行政事务。
Article 16 International
Bureau
The
International Bureau of WIPO shall perform the administrative tasks concerning
the Treaty.
第17条 得为本条约缔约之一方之资格
(1)WIPO之任何会员国均得为本条约之缔约方。
(2)大会得决定允许任何政府间组织成为本条约之缔约方,如该政府间组织声明就本条约所规定事项具有权限,并订有对其会员国具拘束力之法令,且依其内部规则该政府间组织被正式授权得为本条约之缔约之一方者。
(3)欧洲联盟于通过本条约之外交会议中已为前项声明,得为本条约之缔约之一方。
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 its 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.
第18条 本条约之权利与义务
除本条约有任何特别之相反规定外,每一缔约之一方应享有本条约所有之权利及承担本条约所有之义务。
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.
第19条 条约之签署
本条约得开放由WIPO之任何会员国及欧洲联盟于一九九七年十二月三十一日前签署。
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.
第20条 条约之生效
本条约自三十个国家将其批准或加入之文件提交WIPO理事长后三个月生效。
Article 20 Entry into
Force of the Treaty
This
Treaty shall enter into force three months after 30 instruments of ratification
or accession by States have been deposited with the Director General of WIPO.
第21条 成为本条约缔约方之生效日
本条约之拘束力依下列规定:
(i)对于第
二十条所称之三十个国家,自本条约生效日起生效;
(ii)对于其他国家,自其将文件提交WIPO理事长之日起届满三个月起生效;
(iii)对于欧洲联盟,如于本条约依第
二十条生效日后将其批准或加入之文件提交WIPO理事长者,自该提交之日起届满三个月起生效;如于本条约生效日前提交者,自本条约生效日三个月以后起生效;
(iv)对于被允许成为本条约之缔约之一方之任何其他政府间组织,自其提交加入文件之日起届满三个月起。
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.
第22条 本条约不得保留
对本条约之保留应不被允许。
Article 22 No
Reservations to the Treaty
No
reservation to this Treaty shall be admitted.
第23条 条约之退出
任何缔约之一方得以通知WIPO理事长之方式退出本条约。任何退出本条约应自WIPO理事长收到通知之日起一年后生效。
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.
第24条 条约之使用语文
(1)本条约应以单一之英文、阿拉伯文、中文、法文、俄文及西班牙文原件签署,各种语文之版本应同一作准。
(2)第(1)项所定语文以外之正式文本应由WIPO之理事长应利害关系之一方之要求,并于谘询所有具利害关系之各方后为之。依本项所称“利害关系之一方”系指其官方语文或其官方语文中之一所涉及之任何WIPO之会员国,及其官方语文中之一所涉及之欧洲联盟及任何其他得成为本条约缔约之一方之政府间组织。
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 consultation 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 official
languages is involved.
第25条 保存人
WIPO理事长应为本条约之保存人。
Article 25 Depositary
The
Director General of WIPO is the depositary of this Treaty.
。。。。。。。。。。。。。。。。。。。。。。。。。。。。。。
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