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Copyrights© 2004 AU SCIENTIFIC TECHNICAL AND RESEARCH COMMISSION PAIPO STATUTE By Mohammed Kyari (SSOC)
Copyrights© 2004 AU Content Article 1: Definitions Article 2: Establishment of the Organization Article 3: Status of the Organization Article 4: Privileges and Immunities Article 5: Objectives of the Organization Article 6: Functions of the Orgainization Article 7: Organs of the Organization Article 8: Council of Ministers Article 9: The Committee of Experts
Copyrights© 2004 AU Content Cont. Article 10: The Board of Appeal Article 11: The Office Article 12 The Functions of the Office Article 26: Deposit
Copyrights© 2004 AU 1. Definitions 2. Establishment of the organization 3. Status of the organization 4. Privileges and immunities 5. Objective of the organization – Ensure the effective use of the intellectual property system as a tool for economic, cultural, social and technological development of the continent; – Contribute to the accelerated achievement of the objectives of the African Union as stated in the Constitutive Act of the African Union; The Statute
Copyrights© 2004 AU 6. Functions of the organization Set intellectual property standards that reflect the needs of both the African Union and its Member States and Regional Economic Communities; Facilitate the realization and harmonization of national legislation and regional treaties and intellectual property standards in all the AU levels; Facilitate the use of intellectual property to promote creativity and innovativeness on the continent; Assist its Member States in formulating policies and addressing current and emerging Intellectual Property issues in conformity with the Objectives of the Organization;
Copyrights© 2004 AU 7. Organs of the Organization(Governance Structure) I. Council of Ministers and its Bureau; II. Experts Committee and its Bureau; III. Board of Appeal; and IV. The Office The above mentioned organs shall together comprise the PAIPO
Copyrights© 2004 AU Council of Ministers The Council of Ministers is the supreme organ of the PAIPO The Council of Ministers shall consist of ministers in charge of intellectual property in the Members States and the Council shall ; a) Give policy direction to the Organization; b) Set the amount of annual contributions and special contributions to be paid by Member States to the budget of the Organization; c) Meet each four years to discuss and approve the PAIPO Strategic plan, policies, programmes etc; d) To appoint a Bureau of Ministers that composed of five ministers to be drawn one per AU geographic region the and AUC Commissioner in charge of Intellectual Property will be an ex-office of the Bureau
Copyrights© 2004 AU Council of Ministers Cont The Bureau of Ministers to meet once a year on ordinary session and to conduct extra-ordinary one when its needed; The ordinary session of the Bureau of Ministers is to approve, upon recommendation by the Bureau of the Experts Committee programme, activities, annual reports, budget and financial of the Organization, and shall take such action on them as it deems fit; The Council of Ministries is responsible for resolving problems which cannot be resolved by the Committee of Experts; Reports and recommendations of the Council of Ministers to be presented to the African Union Executive Council and consequently to the AU Assembly.
Copyrights© 2004 AU Council of Ministers Cont. The Council of Ministers in its first meeting with the support of the PAIPO office to develop the governing rules and regulations including terms of reference for its Bureau; Expert Committee and its Bureau; and the Board of Appeal for subsequent endorsement.
Copyrights© 2004 AU 9. Committee of Experts I. The Committee of Experts shall consist of the senior officials II. The Committee of Experts shall have the overall responsibility of ensuring the proper execution of the decisions of the Council of Ministers III. The Committee of Experts shall meet biannually to deliberate on activities of PAIPO IV. The Committee of Experts shall appoint a Committee of Experts Bureau while the Director General of PAIPO will be an ex-officio of the Experts Committee Bureau.
Copyrights© 2004 AU Committee of Experts Cont. v.The Committee of Experts Bureau shall meet twice a year to: a) To recommend for the Bureau Ministers Council b) To advice PAIPO on the policy issues c) To examine and endorses the recommendation made by the Board of Appeal. d) The Committee of Experts shall invite ARIPO, OAPI, RECs, WIPO, to participate in their biannual meetings as observers.
Copyrights© 2004 AU 10. The Board of Appeal The Board of Appeal shall consist of five (5) members appointed by the Council of Ministers The Board of Appeal shall hear appeals from decisions made by the Office The Board of Appeal should make recommendation to the Committee of Experts Bureau on all the issues of dispute. The Board of Appeal to hold biannual meetings prior to the Committee of Experts Bureau meetings if the need arise..
Copyrights© 2004 AU 11. The Office The Office shall be headed by a Director General who shall be appointed by the Chairperson of the African Union Commission; The Director General shall be appointed for a term of four (4) years, which may be renewed once; The terms and conditions of service and the mandate of the Director General and other staff of the Office; and the office structure shall be defined by the Chairperson of the Commission in consultation with Committee of Experts Bureau.
Copyrights© 2004 AU 16. Special Relationship with Other Institutions, Co- operating States and Organization The Organization shall establish and maintain close and continuous working relationships with ARIPO, OAPI, World Intellectual Property Organization (WIPO) the International Confederation of Authors and Composers Societies (CISAC) and World Trade Organization (WTO) The Organization may co-operate with Governments of States not members of the Organization and with organizations, institutions and bodies
Copyrights© 2004 AU The Organization shall be funded by; a) Annual contributions or such other special contributions of Member States as determined by the Council of Ministers; b) Income from services rendered by the Organization; c) Income from property owned by or other investments made by the Organization. The Organization may receive donations and bequests The African Union Commission is to fund the PAIPO in its first two phases or to the time that PAIPO is capable to generate resource to sustain itself. 18. Finances
Copyrights© 2004 AU The Rest of the Articles are: Article 19: Sanctions Article 20: Entry into force of the Statute Article 21: Amendments Article 22: Reservations Article 23: Withdrawal Article 24: Dissolution Article 25: Settlement of Disputes Article 26: Deposit
Copyrights© 2004 AU
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