Chapter 1 General Rules
1. The full name of ACPAA is All-China Patent Attorneys Association, abbreviated as ACPAA.
2. ACPAA is a national self-disciplined non-profit professional association composed by Chinese patent attorneys.
3. The aim of ACPAA 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 attorneys profession, abiding by the professional ethics and disciplines; to coordinate the internal and external relations, to safeguard the legal rights and interests of members, to improve the professional qualities of members; to strengthen self-discipline, to prevent unfair competition, to promote the healthy development of patent attorneys profession and to develop international communication and cooperation.
4. ACPAA accepts the official instruction and supervision from the State Intellectual Property Office of P. R. China and Ministry of Civil Affairs of P. R. China.
5. ACPAA is based in Beijing.
Chapter 2 Functions
6. Functions of ACPAA:
1). To guarantee the normal orders of patent attorneys profession, safeguard the legal rights and interests of patent attorneys.
2). To strengthen and improve management and self-discipline, formulate and supervise the professional rules and moral standards of patent attorneys.
3). To summarize and communicate work experiences of Chinese patent attorneys, extend the business scope of patent attorneys.
4). To organize and develop the professional training of patent attorneys, academic exchanges and discussion activities.
5). To organize, collect and study the positive ideas of intellectual property rights laws and regulations and patent attorneys principles, provide suggestion to the State Intellectual Property Office of P. R. China, coordinate internal and external relationships.
6). To assist the State Intellectual Property Office of P. R. China with the works of Patents Attorneys Qualification Examination, issue the qualification certificate to eligible attorneys.
7). To check, issue and alternate the work permit of qualified patent attorneys.
8).To participate in the works of Disciplinary Committee led by the State Intellectual Property Office of P. R. China, carefully carry out the punishment and warning rules to patent attorneys.
9). To develop communication and cooperation with foreign patent attorneys, participate in international conferences and activities.
10). To publicize the works of patent attorneys, to publish professional journals, and to develop relevant consulting services.
11). To carry out professional managements.
Chapter 3 Members
7. Members of ACPAA include group members and individual members.
The group members of ACPAA are patent agencies established in line with laws.
The individual members of ACPAA are qualified patent attorneys in line with the Patent Attorneys’ Rules.
8. Members enjoy the following rights:
1). The right to elect and to be elected;
2). To take part in the study, training, research and experience communication activities;
3). To obtain the service priority right of ACPAA;
4). To provide suggestion and proposals of legislation and law to relevant department through ACPAA;
5). Criticism and suggestions rights and authority to supervise;
6). To supervise ACPAA’s revenue and expenditure of membership fees.
9. Members’ obligation:
1). To comply with ACPAA’s regulations, carry out ACPAA’s decisions;
2). To accept ACPAA’s instruction, supervision, management and training, complete the works entrusted by ACPAA;
3). To comply with patent attorneys’ professional ethics and professional principles, abiding by the rules and regulations of patent attorneys profession;
4). To pay the membership fees according to stipulations.
10. The membership would be cancelled automatically if the membership fee was not paid or the patent attorney does not take part in activities organized by ACPAA for one year.
11. For the following situation, ACPAA will praise, entitle or reward a member who has:
1). Outstanding achievements in the profession;
2). Actively developed new business in the profession, with outstanding results, and
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 ACPAA.
Chapter 4 Structure and Leadership
13. The supreme authority organ of ACPAA is Members Congress.
The representatives of Members Congress are generated 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 held with more than two thirds members’ representatives present, and its decision has to be available with more than half votes.
15. Members Congress holds every 3 years. 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 ACPAA registration and management organ. The postponed re-elect shall not exceed 1 year.
16. Board is the executive structure of Members Congress, leading ACPAA to develop daily work during the closure of the members Congress, and being 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 presidents and the 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 the establishment of 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 ACPAA 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 thirds 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 is composed by the president, vice presidents, the 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 held with more than two thirds members presenting, and its decisions must be passed with more than two thirds of votes.
22. Standing Board meeting shall be held at least every 6 months; in case of special situation it also held according to further communication.
23. The president, vice presidents and the secretary general of ACPAA shall:
1). Comply with Party’s guidelines and policies, with good political qualities;
2). Have great influence in the professional fields of ACPAA;
3). Shall not be beyond the age of 70 years old, and the secretary general works fulltime;
4). Be healthy and competent for daily work;
5). Not be charged with criminal verdicts or deprived of political rights;
6). Have completed civil capacity.
24. If the ages of the president, vice presidents and the secretary general show beyond the limit, with the approval of Board, relevant superior governmental department and administration department of NGOs, the candidates can be elected.
25. The term of the president, vice presidents and the secretary general shall be three years, and cannot 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 presidents of ACPAA shall be ordered according to the number of votes in election. If the president cannot continue to be in office for some reasons, the duty of the president falls to one of vice presidents.
26. The Secretary General of ACPAA is the legal representative of the association.
The legal representative cannot be part-time legal representative of other associations.
27. The president of ACPAA 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; and;
3). To represent ACPAA to sign the related documents.
28. The secretary general of ACPAA 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, and;
5). Other daily affairs.
Chapter 5 Principles of Management and Use of Assists
29. Financial sources of ACPAA include:
1). Membership Fees;
3). Financial aids by government;
4). Incomes of services rendered and activities within the function of ACPAA;
5). Interest, and
6). Other legal income.
30. Membership fee is collected according to relevant laws.
31. Expenditure of ACPAA has to be used within the function stipulated by the regulations and enterprise development, and cannot be allocated to members.
32. ACPAA establishes the strict financial management principles, in order to guarantee legal, real, correct and intact accounting materials.
33. ACPAA provides the accountants with special qualification; accountants cannot be a cashier concurrently. Accountants should have accounting and carry out accounting supervising system. When transferring job or resign, accountants must hand over their works with successor.
34. Property management of ACPAA 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. ACPAA has to accept the financial auditing organized by ACPAA registration and management organ and responsible institutions of business before ACPAA re-election or legal representative alteration.
36. The property of ACPAA cannot be invaded, embezzled or diverted.
37. The salary, insurance and welfare treatment of professional workers of ACPAA take place on the national relevant stipulations for Enterprise Units.
Chapter 6 Revision Procedure of Regulations
38. The revision to the regulations must be submitted to the Members Congress for examining and approving after the vote is passed in Board.
39. The regulations revised by ACPAA, 15 days after Members Congress passed, examined and approved by the responsible unit of business, checked and approved through submitting to association registration and management organ, will take into effect.
Chapter 7 Procedure Termination and Property Settlement After Termination
40. ACPAA 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 ACPAA 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 ACPAA, the clearing organization instructed by responsible unit of business or relevant organ should be established, to clear the credits and debts, handle the remaining problems. In time of clearing, it cannot develop other activities besides clearing.
43. ACPAA will be canceled after ACPAA registration and management organ handled the termination registration formalities.
44. The remained property after termination of ACPAA, under the supervision of representative unit of business and association registration and management organ, is used for developing relevant undertakings with the aims of ACPAA according to the relevant stipulations of state.
Chapter 8 Supplementary Provisions
45. The regulations has been passed by vote in Members Congress on February 25, 2003.
46. The right of interpretation of the regulations belongs to the Board of ACPAA.
47. The regulations will take into effect since the examining and approving date of association registration and management organ.