Article 1 The name of this Association is the All-China Patent Agents Association, which is translated into English as All-China Patent Agents Association, or ACPAA for short.
Article 2 This Association is a self-regulatory national non-profit social organization composed of patent agents in People's Republic of China (PRC).
Article 3 The purpose of this Association is to unite and educate its members to abide by the Constitution, laws, regulations and national policies, and to abide by social ethics. Be loyal to the patent agency and abide by the professional ethics and practice discipline of patent agents; Coordinate the internal and external relations of the industry, safeguard the legitimate rights and interests of members, and improve professional quality; Strengthen industry self-discipline, stop unfair competition and promote the healthy development of patent agents; Carry out international exchanges and cooperation.
Article 4 The Association shall accept the operational guidance, supervision and management of People's Republic of China (PRC), China National Intellectual Property Administration and the Ministry of Civil Affairs.
Article 5 The meeting place of this Association is located in Beijing.
Chapter II Scope of Business
Article 6 The business scope of this Association is as follows:
(a) to protect the normal order of the patent agency industry and safeguard the legitimate rights and interests of patent agents;
(two) to strengthen and improve the management and self-discipline of the industry, formulate professional norms and ethical standards for patent agents, and supervise the implementation;
(3) Summarizing and exchanging the working experience of the national patent agency business, and broadening the business scope of patent agents;
(4) Organizing practical training, academic exchanges and research activities of patent agencies;
(five) to organize the collection and research of opinions on the construction of intellectual property laws and regulations and patent agency system, and put forward suggestions to China National Intellectual Property Administration and relevant departments to coordinate the internal and external relations of the industry;
(six) to assist the patent agent qualification examination in China National Intellectual Property Administration and issue the patent agent qualification certificate;
(7) Examining and issuing the patent agent's practice certificate, and handling the change of the patent agent's practice certificate;
(eight) to participate in the work of the disciplinary committee led by China National Intellectual Property Administration, and conscientiously implement the disciplinary rules for patent agents;
(nine) to carry out exchanges and cooperation with foreign patent agencies and participate in international conferences and activities;
(ten) to publicize the patent agency work, publish national periodicals, and carry out consulting services related to this industry;
(eleven) the implementation of industry management responsibilities.
Chapter III Members
Article 7 Members of this Association are divided into group members and individual members.
The group members of this Association are legally approved patent agencies.
Individual members of the Association are patent agents who have obtained the patent agent qualification certificate and held the patent agent practice certificate in accordance with the provisions of the Patent Agency Regulations.
Article 8 Members shall enjoy the following rights:
The right to vote, to be elected and to vote;
(two) to participate in the study, training, research and experience exchange activities organized by this association;
(three) to obtain the priority of our services;
(four) to put forward opinions and suggestions on legislation and law enforcement to the relevant departments through this Council;
(five) have the right to criticize, suggest and supervise the work of this association;
(six) to supervise the income and expenditure of membership fees.
Article 9 Members shall perform the following obligations:
(1) Abide by the articles of association of this Association and implement the resolutions of this Association;
(two) accept the guidance, supervision, management and training of this association, and complete the work entrusted by this association;
(three) to abide by the professional ethics and practice discipline of patent agents, and to abide by the industrial norms and standards of patent agents;
(4) Pay membership fees according to regulations.
Article 10 If a member 1 year fails to pay the membership fee or participate in the activities of the association, it will be deemed as automatic withdrawal.
Eleventh members in any of the following circumstances, by the association to give notice of praise, awarded the honorary title or other awards:
(1) Having made remarkable achievements in the patent agency business;
(two) actively explore new areas of patent agency business, and achieved remarkable results;
(three) other circumstances that should be rewarded.
Article 12 If a member seriously violates the Articles of Association, he/she shall be punished or removed from the membership after being voted by the Council or the Standing Council.
Chapter IV Establishment and Cancellation of Institutions and Responsible Persons
Article 13 The highest authority of this Association is the members' congress. Deputies to the Congress are elected by members from all regions and departments through democratic consultation.
The functions and powers of the members' congress are:
(a) to formulate and amend the articles of association;
(2) Electing and dismissing directors;
(3) To examine and approve the work report and financial report of the Council;
(4) Deciding to terminate.
(5) Deciding on other major matters.
Article 14 A member congress can only be convened when more than two thirds of the members' representatives are present, and its resolutions can only take effect when more than half of the members' representatives are present to vote.
Fifteenth members' congress is held every three years. Due to special circumstances, it is necessary to advance or postpone the general election, which shall be voted by the board of directors, reported to the competent business unit for review, and approved by the association registration authority. However, the longest extension shall not exceed 1 year.
Article 16 The Council is the executive body of the general meeting of members, leading the association to carry out its daily work during the intersessional period and being responsible for the general meeting of members.
Article 17 The functions and powers of the Council are:
(a) to implement the resolutions of the members' congress;
(two) to elect and recall the president, vice president and secretary general;
(three) to prepare for the convening of the members' congress;
(four) to report the work and financial situation to the members' congress;
(five) to decide to absorb or recall members;
(6) Deciding to establish offices, branches, representative offices and entities;
(seven) to decide the appointment and removal of the Deputy Secretary General and the principal responsible persons of various institutions;
(eight) to lead the work of the institutions of this Association;
(nine) to formulate internal management system;
(10) To decide on other major matters.
Article 18 The board of directors shall be convened only when more than two thirds of the directors are present, and its resolutions shall take effect only when more than two thirds of the directors are present.
Article 19 The Council shall meet at least once a year; Under special circumstances, an exchange meeting can also be held.
Article 20 The Association shall establish a standing council, which shall be elected by the council and composed of the president, vice-president, secretary-general and the standing council. When the Council is not in session, it shall exercise the functions and powers listed in Article 17, items 1, 3, 5, 6, 7, 8 and 9, and be responsible to the Council.
Article 21 The executive council shall be convened only when more than two thirds of the executive directors are present, and its resolutions shall take effect only after being voted by more than two thirds of the executive directors present at the meeting.
Article 22 The Standing Council shall convene a meeting at least once every six months; Special circumstances can also be held by means of communication.
Article 23 The president, vice-president and secretary-general of this Association must meet the following conditions:
(a) adhere to the party's line, principles and policies, good political quality;
(2) It has great influence in the business field of the Association;
(3) The maximum age of the president, vice-president and secretary-general shall not exceed 70, and the secretary-general shall be full-time;
(4) Being in good health and able to stick to normal work;
(5) Having not been subjected to criminal punishment of deprivation of political rights;
(6) Having full capacity for civil conduct.
Article 24 The president, vice-president and secretary-general of the Association shall be approved by the Council, reported to the competent business unit for examination and approved by the registration authority of the Association before taking up their posts.
Article 25 The term of office of the President, Vice-President and Secretary-General of this Association is three years, and the term of office of the President, Vice-President and Secretary-General shall not exceed two terms at the longest. If it is necessary to extend the term of office due to special circumstances, it must be approved by more than two-thirds of the members' representatives at the members' congress, reported to the competent business unit for review, and approved by the registration authority of the association before taking office. The vice-presidents of the association are ranked according to the number of votes obtained at the election. If the president cannot continue to perform his duties during his term of office, a vice president shall act as the president.
Article 26 The Secretary-General of this Association is the legal representative of this Association.
The legal representative of this Association shall not concurrently serve as the legal representative of other organizations.
Article 27 The President of this Association shall exercise the following functions and powers:
(a) to convene and preside over the Council and the Standing Council;
(two) to check the implementation of the resolutions of the members' congress, the Council and the Standing Council;
(3) Signing relevant important documents on behalf of this Council.
Article 28 The Secretary-General of this Association shall exercise the following functions and powers:
(a) to preside over the daily work of the office and organize the implementation of the annual work plan;
(2) Coordinating the work of branches, representative offices and entities;
(3) Nominating the Deputy Secretary-General and the principal responsible persons of offices, branches, representative offices and units, and submitting them to the Council or the Standing Council for decision;
(four) to decide on the employment of full-time staff of offices, representative offices and entities;
(5) Handle other daily affairs.
Chapter V Principles of Asset Management and Use
Twenty-ninth sources of funds of the Association:
(1) membership fees;
(2) donation;
(3) government funding;
(4) Income from activities or services provided within the approved business scope;
(5) interest;
(6) Other lawful income.
Article 30 The Association shall collect membership fees in accordance with relevant state regulations.
Article 31 the funds of this association must be used for the business scope and career development as stipulated in the articles of association, and shall not be distributed among members.
Article 32 An association shall establish a strict financial management system to ensure the legality, truthfulness, accuracy and completeness of accounting information.
Article 33 An association shall be equipped with accountants with professional qualifications. Accounting personnel shall not concurrently serve as cashiers. Accountants must conduct accounting and exercise accounting supervision. When an accountant transfers his job or leaves his post, he must go through the handover procedures with the recipient.
Article 34 The asset management of this Association must implement the financial management system stipulated by the state and accept the supervision of the members' congress and the financial department. If the source of assets belongs to the state appropriation or social donation or subsidy, it must accept the supervision of audit institutions and publish relevant information to the society in an appropriate way.
Article 35 Before an association changes its legal representative, it must accept the financial audit organized by the association registration authority and the competent business unit.
Article 36 No unit or individual may occupy, privately divide or misappropriate the assets of this Association.
Article 37 The wages, insurance and welfare benefits of the full-time staff of this Association shall be implemented with reference to the provisions of relevant state institutions.
Chapter VI Procedures for Amending the Articles of Association
Thirty-eighth amendments to the articles of association must be approved by the Council and reported to the members' congress for deliberation.
Article 39 The revised articles of association of the Association shall come into effect within 15 days after being approved by the members' congress, examined and approved by the competent business unit and reported to the registration administration organ of the Association.
Chapter VII Termination Procedure and Property Disposal after Termination
Article 40 If an association has completed its purpose or is dissolved or needs to be revoked due to division or merger, the Council or the Standing Council shall propose a termination motion.
Article 41 The motion to terminate this Association must be voted by the general meeting of members and submitted to the competent business unit for approval.
Forty-second before the termination of this association, a liquidation organization shall be established under the guidance of the competent business unit and relevant authorities to clean up the creditor's rights and debts and deal with the aftermath. During the liquidation period, no activities other than liquidation will be carried out.
Article 43 this association shall be terminated after the cancellation of registration by the association registration authority.
Article 44 The remaining property after the termination of this Association shall be used for the development of undertakings related to the purpose of this Association under the supervision of the competent business unit and the registration and administration organ of the association in accordance with the relevant provisions of the state.
Chapter VIII Supplementary Provisions
Article 45 The Articles of Association was adopted by the members' congress on February 25th, 2003.
Article 46 The right to interpret the Articles of Association belongs to the Council of the Association.
Article 47 The Articles of Association shall come into force as of the date of approval by the association registration authority.