STATUTES ASIPI *
TITLE FIRST
DENOMINATION AND PURPOSE
Art. 1. – ASIPI is the Interamerican Association of Intellectual Property. It is organized as an association of private interest, as a non-profit organization, the main purpose of which is to promote in the American countries the development and harmonization of the laws, regulations and procedures related to industrial and intellectual property, understood in their broad meaning, which relate to the industry, commerce, services, agriculture, stockbreeding and those which in the future may also be considered as industrial or intellectual property.
Art. 2. – ASIPI shall have as its corporate purpose:
a) Bring together people dedicated to the attention of intellectual property matters, in the country where they practice and all those people who wish to collaborate in the study, diffusion, development and improving of the intellectual property laws and the harmonization of the national systems related thereto.
b) Promote in the American countries, the formation of national groups integrated by lawyers, engineers, intellectual property agents or other professionals who have relations with intellectual property so that, in their respective countries, they may pursue and attain the objectives of ASIPI.
c) Defend the intellectual property institutions and the dignity and duties of the professionals in charge of their organization and protection.
d) Collaborate with other entities which pursue the same objectives.
e) Assist and stimulate the national governments of the American countries and the authorities of the intergovernmental organisms in the study of projects on legal dispositions related to intellectual property and to transact before them the necessary revisions of the current systems, with the purpose of attaining its improvement and harmonization with those of the other American countries.
f) Formulate proposals to improve international relationships, particularly Interamerican relationships and the agreements related to intellectual property which may be useful as dispositions to guide and regulate the protection of the mentioned rights in the relationships of American countries, either among them or with the other continental countries; ensure and promote the effectiveness of said protection in each country.
g) Adopt resolutions about the matters mentioned in the foregoing paragraph and, in general, about all those comprehended in its purpose.
h) Organize congresses, conferences and periodical seminars, in which recommendations are made and solutions are proposed in relation to matters set forth by its associates, by other organizations and, in particular, by the government of the American countries.
i) Promote professional practices of the highest ethical level to be observed by the associates.
TITLE SECOND
THE ASSOCIATES
Art. 3. – There shall be three categories of associates, namely: a) active; b) affiliated; and c) honorary.
a) Active, are the individuals legally entitled to practice intellectual property matters in a country of the Americas.
b) Affiliated, are the individuals or juridical persons which do not meet the requirements to be accepted as active associates but who are identified with and support the objectives of ASIPI.
c) Honorary, are all those individuals that are distinguished by their achievements in the intellectual property field and that ASIPI considers them to be worthy of said distinction.
It may only be proposed as honorary president, an associate that has served as president of ASIPI. This proposal may only be formulated after three ordinary periods have elapsed since the Executive Committee which has been presided over by the candidate to this distinction.
It may not be proponed as an honorary associate any member of the Executive Committee while in possession of its position or within the two ordinary periods immediately after the exercise of the same. The designation of the honorary presidents and the honorary associates must be proposed by the Board of Directors in a meeting of the Congress, which shall make the designation provided the same has the favorable vote of 75% of the attending active associates.
Art. 4. – The admission of the active and affiliated associates shall be decided by the Executive Committee, after an application for said purpose has been filed with the Secretary, promoted by two active associates which are not members of the Executive Committee.
If the report is favorable, the Executive Committee shall decide immediately and, if unfavorable, the interested party shall be informed so that he may set forth what is convenient to his rights, also within a fifteen day term, and then shall issue its decision.
For the effect of the admission of the associate, it shall be considered as country of origin of the applicant that in which its main activity related to the purpose of ASIPI is carried out.
In case an admission request of an applicant to become an associate is rejected, said person shall not be able in any case to register, enroll, participate or assist to any type of event, contest or act organized by ASIPI.
The Executive Committee, before deciding on an application for admission of the candidate as an associate, shall require a report from the national delegate. The absence of an answer from the national delegate, within a fifteen day term as from the report request, shall be construed as a favorable report to the admission request.
Art. 5. – The admission of associates, decided by the Executive Committee notwithstanding the existence of an unfavorable report from the national delegate, shall be the subject of ratification by the Board of Directors in its next meeting.
Art. 6. – The active and affiliated associates shall pay an annual fee and the extraordinary fees set by the Board of Directors, as proposed by the Executive Committee.
It shall constitute grounds for the loss of the rights of the associate or his exclusion, the lack of payment of the fees set by the Executive Committee, according to the Bylaws.
The lack of payment of two annual consecutive fees, prior demand for payment thereof, at the end of the corresponding calendar year, shall automatically imply the loss of the position as associate.
The associate that has been excluded due to lack of payment of the annual fees, may again request admission, provided one year has elapsed as from the date of the exclusion, that he covers the admission fee and those which were pending payment.
On the other hand, the Executive Committee may establish a deducted fee for associates which are university students or for young new associates of no more than thirty years of age, until a three year term passes counted as from the date in which they received the corresponding university title.
The Executive Committee may reduce the payment of annual fees to the associates of state or international entities of public law or which are dedicated primarily to research and teaching.
Likewise, the payment of fees may be deducted to the individuals which have been active associates of ASIPI during at least thirty five years and who have reached seventy years of age.
Art. 7. – the active associates of ASIPI may be elected for positions in the Executive Committee and the Board of Directors of ASIPI and shall have the right to vote in their meetings, provided the other requisites established for each case concur. To the effect of these Bylaws, it shall be understood that the honorary presidents and associates, which at the time of their appointment had been active associates of the association, shall have the same right that the active associates and, therefore, shall have the right to vote and be elected.
The affiliated associates may attend the congresses, conferences and other similar meetings with the right to speak but without the right to vote, but they may not attend, unless they are invited, to the meetings of the Board of Directors and the meetings convened by the Executive Committee and the national delegate.
The honorary associates, who at the time of their appointment had not been active associates, shall have the same rights of the affiliated associates.
TITLE THIRD
THE BODIES, GOVERNMENT,
OFFICIALS AND LANGUAGES
CHAPTER I
THE BODIES
Art. 8. – The bodies of ASIPI are:
a) The Congress.
b) The Board of Directors.
c) The Executive Committee.
d) The ASIPI Tribunal.
These Bylaws set the composition, rights and duties of each one of them.
Art. 9.
a) Quorum shall be constituted in any congress by thirty five active associates, who shall represent no less than ten countries with exclusion of the host country and, at least, five members of the Executive Committee.
b) Quorum shall be constituted in the sessions of the Board of Directors, by five national delegates of different countries plus, at least, five members of the Executive Committee.
c) Five members of the Executive Committee shall constitute quorum in the meetings thereof.
d) Proxy voting is not allowed in any meeting of the Congress, the Board of Directors or the Executive Committee, nor to constitute quorum. Nor shall proxy voting be allowed for the election of national delegates.
e) Unless otherwise stated in these Bylaws, every matter set forth before the Congress, the Board of Directors or the Executive Committee shall be decided upon by the majority of votes of the attending associates with a right to vote.
CHAPTER II
THE CONGRESS AND MODIFICATION OF BYLAWS
Art. 10. – The highest authority of ASIPI is its Congress, which shall be vested with all the powers, even the one to modify the Bylaws, and with those implicit and not specified therein.
The Congress shall meet in ordinary sessions every three years, within the corresponding calendar year, following the decision of the Board of Directors. The Board of Directors may convene Extraordinary Congresses, when it deems it appropriate, to address matters not reserved to the Ordinary Congresses.
Art. 11. – These Bylaws may be modified by any Congress convened for that purpose and with the vote of 75% of the attending associates with the right to vote, provided that quorum has been constituted as referred to in article 9.
The vote of 75% of the total of attending associates with the right to vote shall be required in a Congress convened expressly for that purpose, to agree upon the dissolution of ASIPI.
CHAPTER III
THE BOARD OF DIRECTORS
PARAGRAPH I
GENERAL DISPOSITIONS
Art. 12. – The Board of Directors shall be constituted by the Executive Committee and by the national delegates. These delegates equal in number to the American countries where there is at least one active associate of ASIPI. Notice of the meetings of the Board of Directors shall be made by the Executive Committee.
The Board of Directors shall meet at least once a year and also immediately before the Congress. It may also meet when convened by the Chairman of the Executive Committee.
Art. 13. – In the period between the ordinary sessions of the Congress, the Board of Directors shall be vested with all powers, except those of suspending, contradicting or revoking an agreement of the Congress or of varying or modifying these Bylaws. It has the duty, however, to temporarily construe the latter informing about it at the next meeting of the Congress.
The Board of Directors shall be expressly authorized to issue all the regulations necessary for the application and compliance of these Bylaws.
PARAGRAPH II
AGREEMENTS BY TECHNOLOGICAL MEANS
Art. 14. – The Board of Directors, under the responsibility of its Chairman and Secretary, may discuss matters and make agreements by the vote of the majority of its members through communications by facsimile, email or any other technological means of equivalent nature, provided a registration is made in minutes of what has been discussed, of the main interventions of the members, of the fact that they where consulted; of the opinions set forth and a certification indicating that those intervening where permanently communicated among them.
PARAGRAPH III
ORGANIZATION OF CONGRESS AND OTHER MEETINGS
Art. 15. – The Board of Directors, with no less than one year in advance, shall set the date and place of the meeting of the Congress and shall approve, with six months in advance, the agenda thereof, which shall be distributed with no less than three months in advance to the date of the Congress. Likewise, with no less than six months in advance, it shall set the date and place of the Conference of the Association and with at least three months in advance shall set the agenda thereof, which shall be distributed with no less than two months in advance to the date in which the Conference starts.
PARAGRAPH IV
CONFERENCES AND SEMINARS
Art. 16. – All the associates may be able to propose subjects to be discussed by the Congress and other meetings or Conferences of the Association, but the Board of Directors, or in its defect the Executive Committee, shall determine which of the proposals shall be considered in the agenda. No proposal shall be considered unless it is received by the Board of Directors with no less than two months in advance to the corresponding meeting.
Extraordinarily, matters not proposed in the agenda and the program may be submitted to the ASIPI Congress by resolution of the Executive Committee, which shall require the approval of the Board of Directors. The matters proposed, not included in the agenda or the program by the Board of Directors, may be submitted to the Congress with the support of no less than ten active associates, attending the Congress, for its inclusion as a new matter in the agenda or the program thereof.
Without prejudice of the congresses and the conferences, it shall correspond to the Executive Committee to convene national or regional meetings of local interest, the program of which shall be determined by the Executive Committee and communicated at least two months prior to the meeting.
PARAGRAPH V
THE NATIONAL DELEGATES.
DUTIES, APPOINTMENT AND REMOVAL
OF THE NATIONAL DELEGATES.
Art. 17. – The associates with the right to vote in the American countries shall choose within such associates a national delegate and one alternate national delegate within the thirty days prior to the date of the election of the Executive Committee of ASIPI, immediately communicating the result of the election to the Secretariat.
The delegates shall take office at the time of the Congress in which the Executive Committee is elected. If the election is not made within this term, the Executive Committee shall chose and designate, among the active associates of the referred country, the delegate and the alternate delegate, which shall be done, at the latest, in its first ordinary meeting. The alternate national delegates may jointly participate with the national delegates in the meetings of the Board of Directors, but may only have one vote per country, with the exception of the votes of the members of the Executive Committee, who shall have full suffrage.
In order to be national delegate it shall be a requisite to have been, at least, an active associate of ASIPI for three consecutive years, be up to date with the payment of the fees and having had a continuous relationship with the Association. These requirements shall not be applicable in the countries where a delegate is appointed for the first time.
The term for the national delegates shall be the same as that of the members of the Executive Committee of ASIPI. These national delegates may be substituted by a decision taken by the Associates of the country with the right to vote.
The national delegates may no be reelected for more than two consecutive terms.
The national delegates shall have the duty to:
a) Inform every year to the Executive Committee about every change of address and other necessary information related to any associate of his country, prior verification.
b) Act as coordinators between the associates of his country, the Executive Committee and the Board of Directors.
c) Collaborate with the Executive Committee in the distribution of ASIPI material among the associates of his country and in the recollection of the fees in the cases where expressly required to do so.
d) Attend to the meeting of the Board of Directors and carry out the tasks entrusted by it.
e) Be up to date with the payment of his fees.
In the event that the national delegates do not properly comply with their duties, the Executive Committee may remove them from their positions, appointing substitute delegates, who shall take office immediately. The removed delegates may appeal their removal before the Board of Directors within the following fifteen days.
Los delegados removidos podrán apelar de su remoción ante el Consejo de Administración, dentro de quince días.
If the Board of Directors, in its next meeting, ratifies, by simple majority, the decision of the Executive Committee, the substitute delegates will become delegates.
Regulations issued by the Executive Committee may indicate the way in which the election of the national delegates in each country must be performed.
CHAPTER IV
THE EXECUTIVE COMMITTEE
PARAGRAPH I
GENERAL DISPOSITIONS
Art. 18. – The Executive Committee shall be integrated by:
The President of ASIPI, two Vice Presidents, one Secretary, one Treasurer, three Directors and the immediate past President.
There may not be two members of the Executive Committee domiciled in the same country.
The members of the Executive Committee shall last three years in their positions, being able to be reelected, with the exception of the President, who may not be reelected in such position for the period immediately following.
However, the members of the Executive Committee who are acting shall continue performing the duties of their positions until they are occupied by those who have been elected to replace them.
PARAGRAPH II
DUTIES OF THE EXECUTIVE COMMITTEE
Art. 19. – The official policy of ASIPI shall be established by the Executive Committee.
Art. 20. – The Executive Committee shall take all necessary steps to ensure the purposes of ASIPI are attained and shall represent ASIPI in all matters that the Bylaws do not expressly reserve for the Congress. It shall ensure that agreements of the Congress and the Board of Directors are implemented and also shall have the administration of the financial resources and shall authorize and supervise the expenses and the execution of the budget approved by the Board of Directors.
The Executive Committee shall establish the legal domicile of the Association, as well as its own and shall have the faculty to establish special domiciles for particular purposes.
PARAGRAPH III
MEETINGS OF THE EXECUTIVE COMMITTEE
Art. 21. – The Executive Committee shall meet at least once a year. One of the meetings shall take place immediately before the date indicated for the meeting of the Congress, in the same venue thereof. The notifications for the meetings of the Executive Committee shall be made by the Chairman and the Secretary.
PARAGRAPH IV
REPRESENTATIVES OF THE EXECUTIVE COMMITTEE
Art. 22. – The Executive Committee may appoint associates to be their representatives in countries or determined regions, including those countries outside of the territory of the Americas, where ASIPI requires being present.
Those representatives shall be appointed by the majority of the Executive Committee by indicating to them, in every case, their particular duties, those which are temporary or undefined. The term of these members shall last for the time indicated by the Executive Committee and they may be freely removed and before the expiration of the term by the latter.
The national and regional representatives of the Executive Committee shall be a part of the Board of Directors of ASIPI, but only with the right to speak.
The duties of these representatives shall always end at the expiration of the term of the Executive Committee which appointed them.
The position as representative of the Executive Committee and national delegate shall not be incompatible among them.
PARAGRAPH V
THE ELECTION OF THE EXECUTIVE COMMITTEE
Art. 23. – The election of the Executive Committee shall be made from the proposed lists and during each Congress, provided 3. Estatutos. that the list or lists comply with the requisites established in this article. Individual candidatures shall not be accepted, nor will incomplete lists. The lists that do not comply with the requirements established in this article, shall not be accepted and will be returned to the proponent or proponents.
The election shall be made by the majority of votes of the attending associates with the right to vote according to these Bylaws and shall be the subject of the following provisions:
a) The lists shall include the names and nationalities of the active associates, up to date on the payments of their fees, when applicable, proposed to carry out all and every one of the positions of the Executive Committee, identifying the positions that will be assumed by each one of them.
b) The lists shall be signed by the individuals who are proposing themselves to occupy the positions in the Executive Committee and such individuals should have a background which guarantees the observance of these Bylaws.
c) The lists with the proposal of candidates to occupy the corresponding positions in the Executive Committee, shall be submitted to the Secretary of ASIPI without delay within the five months prior to the day of the inauguration of the Congress in which the election will be made. The proposal which for any reason or motive is received after the mentioned deadline shall not be admitted.
d) The President of ASIPI shall verify that the received list o lists comply with the statutory requisites and that these are distributed among the members with no less than three months before the date of the Congress. Only the active associates, up to date on the payments of their fees, when applicable, might be able to vote.
e) The election shall be presided over by the President. The Secretary, with the collaboration of the Treasurer, shall determine the active associates with the right to vote and be elected. For this effect, the Secretary and the Treasurer may seek support from whoever they consider necessary. Any question about the capacity of associate with the right to vote, shall be settled by the Executive Committee and its resolution shall be definite and shall not be the subject of an appeal. The reception of votes to elect the members of the Executive Committee shall take place during the Congress in the place and time indicated in the program thereof. It shall be directed by the President and by two scrutineers appointed by the Executive Committee among the active associates and with the assistance of the Secretary and the Treasurer for the effects of crediting the capacity as associates with the right to suffrage of the voters. The latter, if necessary, must certify their identity with a reliable document, qualified as such by the President.
f ) The associates with the right to suffrage, attending the Congress, must vote in a direct and personal way. Proxy voting is not permitted. The vote shall be secret.
g) The Secretary and the scrutineers shall count the votes, the result of which shall be informed by the President of the Executive Committee, who shall make the announcement of the winning list and its participants.
h) In case of a tie between two or more of the proposed lists, a new vote shall be made between the lists which obtained the highest votes which constitute first majorities, proceeding in the same way until an election is reached.
i) In case a single list of candidates is submitted, it shall be automatically elected and the members of the list shall be announced by the President of the Executive Committee. In this case, if any associate with the right to vote wishes to register his abstention, the Secretary shall indicate so in the corresponding minute.
PARAGRAPH VI
ORDER OF PRECEDENCE
Art. 24. – The order of precedence in the Executive Committee shall be the following:
a) President.
b) 1st Vice President.
c) 2nd Vice President..
d) Secretary..
e) Treasurer.
f) 1st Director..
g) 2nd Director.
h) 3rd Director.
In case of impediment or temporary absence of whoever serves in a position, he shall be substituted, for as long as the impediment lasts, by the member of the Executive Committee who occupies the following position in the order of precedence, except when there is a special agreement of the Executive Committee for special and determined cases.
In case of permanent absence, for any reason, of any member of the Executive Committee, the same shall be substituted among the active associates at the discretion of the Executive Committee except if the absence is that of the President, in which case he will be substituted as indicated in this article.
PARAGRAPH VII
THE PRESIDENCY
Art. 25. – The President of ASIPI shall preside over the meetings of the Congress, the Board of Directors and the Executive Committee and shall represent ASIPI before every government, national and international public entities, congresses or meetings and, in general, before any physical person or legal entity.
In case of a tie in the vote for Congress, the Board of Directors or the Executive Committee, the President shall have the casting vote, except in the case of elections when it is necessary to abide by article 23.
The President shall be the legal representative of ASIPI. In agreement with the Executive Committee he may delegate, for particular cases, to another associate his official representation.
PARAGRAPH VIII
THE SECRETARIAT
Art. 26. – The Secretary shall be the executor of the agreements and instructions of the Board of Directors and the Executive Committee.
The Secretary shall be the guardian of ASIPI’s seal and its official records and shall certify the official documents of ASIPI, in his capacity as the Attesting Minister of the Association.
The Secretary shall act as the Secretary of the Board of Directors.
The Secretary shall keep the minute book of the sessions of the Congress, the Board of Directors and the Executive Committee and shall hand in the minutes of the sessions of the Congress and Board of Directors to any member of ASIPI who requests them.
After each session of the bodies of ASIPI and as soon as possible, the Secretary shall provide each member of the Executive Committee with a written copy of the minutes from the mentioned sessions.
It also corresponds to the Secretary:
a) Receive the complaints, actions or requirements to be dealt with by the ASIPI Tribunal.
b) Issue the notifications to the Congress, the Board of Directors and the Executive Committee.
c) Maintain the correspondence of ASIPI.
d) Elaborate an annual written report of the administrative activities.
e) Guard under his responsibility the minute book, Bylaws, the Code of Ethics of ASIPI and its official documents, even those which are included in electronic means or any other technological means or of equivalent nature.
f) The other obligations pertaining to the position or that are appointed by the Board of Directors or the Executive Committee or these Bylaws.
g ) Immediately deliver, after the cessation of his duties, to whoever replaces him or to whom it may correspond or to the permanent office, the books and official documents of ASIPI, the guard of which had been entrusted to him.
h) Choose by lot the members of the ASIPI Tribunal who shall deal, in chambers, with a particular case, according to article 32.
PARRAGRAPH IX
THE TREASURY
Art. 27. – The Treasurer shall exercise the duties relative to his position.
In particular he must:
a) Collect the fees.
b) Keep and guard the cash funds and other assets of ASIPI.
c) Prepare a written report, prior to every session of the Board of Directors, the Executive Committee and the Ordinary General Congress, of the contributions and disbursements incurred for the corresponding approval.
d) Prepare, within the thirty days following the closing of each fiscal year, the financial statements which shall be distributed for approval to the members of the Executive Committee.
e) Deliver, to the members of the Executive Committee, a project for the budget of the starting year, in which the income for payment of social fees or others and the disbursements, detailing every entry, shall be estimated.
f ) Submit a written report to the Executive Committee about the execution of the budget of the preceding year, the copy of which shall be sent to the Secretary for its timely communication to the associates.
g) Submit to the Congress, for its approval, the pertinent financial statements.
PARAGRAPH X
THE DIRECTORS
Art. 28. – The Directors shall have the right to speak and vote in the matters pertaining to the Executive Committee and, when corresponding, to the Board of Directors.
PARAGRAPH XI
THE COMMITTEES
Art. 29. – The Executive Committee may appoint working committees to assist it in the performance of its duties, with the faculty to designate its members and dictate the rules of operation of said committees.
The presidents of the committees shall be appointed by the Executive Committee.
Every associate may request to be a part of the committee he desires, which shall be made through the Secretary of ASIPI.
Every committee shall be composed of, at least, three members, with the inclusion of its president and may be integrated by the number of members that is appropriate for its most effective functioning.
CHAPTER V
THE ASIPI TRIBUNAL
Art. 30. – There shall be an ASIPI Tribunal in charge of knowing, investigating, deciding and correcting any violation to these Bylaws, of the Rules of the Association, of the Professional Code of Ethics of the Association, the breach of the good image of ASIPI and the transgression of any mandatory provision of ASIPI, the knowledge of which is not given to another body of ASIPI.
Art. 31. – The ASIPI Tribunal shall be composed of nine members appointed by the Board of Directors, as proposed by the Executive Committee, of which at least three members must be former Presidents of the Association. This Tribunal shall be composed of three chambers which shall deal with the matters in the way indicated in article 32.
The members of the Tribunal shall be appointed from among the active associates who are lawyers and have had an active participation in ASIPI; who have been members for more than fifteen years; who maintain a continuous and permanent relationship therewith; who have demonstrated their impeccable ethical behavior and a recognized professional solvency.
The Board of Directors, at the request of the Executive Committee, shall appoint a Secretary of the Tribunal who must be an active associate and have the same qualities as the members of the Tribunal, but who only needs to have been an ASIPI member for more than seven years.
Art. 32. – In the first instance, the Tribunal shall deal with and decide about the matters submitted for its consideration by a chamber of three of its members elected by lot by the Secretary of ASIPI, of which one must be a former President of ASIPI and who shall preside over the chamber.
The reconsideration appeals shall be known by the whole Tribunal with the exclusion of those who have dealt with the case in the first instance.
One of the former Presidents of ASIPI shall be appointed as President of the appeal chamber by election of its members. In case of dispersion or lack of majority for any reason, the President shall have the casting vote of the Appeal Chamber.
Art. 33. – The Secretary and the members of the Tribunal shall act in their positions for the term corresponding to the Executive Committee during which they were appointed.
In any case, the members of the Tribunal shall keep their competence once their term of office has expired, in relation to those matters known by them at the moment of the expiration of their duties.
Art. 34. – Unless there are other sanctions or penalties specially established by the Bylaws, the Professional Code of Ethics, Rules and other special provisions of ASIPI applicable to the matter under study, the Tribunal may impose the following sanctions, according to the seriousness of the matter and the previous conduct of the responsible party:
a) Private warning.
b) Public warning.
c) Suspension in the exercise of the rights of the guilty associate for a period that may be between six months to three years.
Art. 35. – The Board of Directors shall dictate a set of rules that shall be established as procedural provisions for the ASIPI Tribunal, without prejudice that the same, at a plenary meeting, dictates self-agreements in relation to the subject matter, which shall be the subject of ratification by the in order to have full effect.
TITLE FOURTH
GENERAL PROVISIONS
CHAPTER I
LANGUAGES, DURATION AND WEALTH ASSETS
Art. 36. – The official languages of ASIPI shall be Spanish, English, Portuguese and French.
Art. 37. – The duration of ASIPI is indefinite and it may only be dissolved by agreement of 75% of the associates with the right to vote, who are present at the moment of making the decision and in an Extraordinary Congress convened exclusively for this purpose.
Art. 38. – The wealth assets of ASIPI shall be constituted by the ensemble of goods it acquires under any title or that have been donated thereto. These wealth assets shall be composed of assets of any nature that it has acquired or may acquire in the future.
Art. 39. – In case of dissolution of ASIPI, the assets that remain after the legal provisions relative to the administration and disposition of all of the goods kept in a trust for or in the name of ASIPI have been complied with and after the necessary actions to adjust and finish the pending businesses or matters have been taken, the assets shall be gathered and donated to one or more nongovernmental organizations, the purposes of which are related to intellectual property and that are also non profit organizations.
Nobody shall have the right, title or interest in any remaining asset of ASIPI. No donation of assets shall be made to any organization the income of which, even in part, is for the benefit of any individual associate; nor will they be donated to any organization the activities of which are dedicated to advertising and which try in any way to influence the legislation or that participate or intervene in any political campaign for candidates to public offices.
PROVISIONAL ARTICLES
Art. 1º Provisional. – These Bylaws shall come into force on the date on which they are approved by the Congress and abrogate the former Bylaws.
Art. 2º Provisional. – The proxies shall be entitled to perform the formal changes that must be done to the text of these Bylaws, as requested by the applicable law or the authorities.
The proxies are also entitled to delegate this power of attorney to any other active associate or associates of ASIPI, prior approval of the Executive Committee.
If the President or the Secretary delegate the faculties conferred by this article, the delegates should act in the precise manner indicated by the President and the Secretary, being the latter obliged to previously issue their written approval to any formal change to the Bylaws.
Art. 3º Provisional. – The First Tribunal of the Association and its first Secretary shall be designated by the Board of Directors, at the request of the Executive Committee, during the same session in which the rules that establish the procedural provisions of said Tribunal are approved.
* Adopted by General Assembly in the XVII Interamerican Congress held in Lima, with 11:45 am. on 28 October 2009.