1. ABPI’s Study committees are debate forums within the Intellectual Property framework in all its aspects, including those having relationship or affinity with other branches of law.
1.1. The study committees and scientific activities of ABPI will be governed by these Regulations.
2. The Study committees shall be permanent
2.1. The Permanent Study committees are as follows:
c. Technology Transfer and Franchise;
d. Software, Information Technology and the Internet;
e. Copyright and Personality Rights;
f. Competition Law;
g. Geographical indications;
h. International IP Law;
j. IP Enforcement;
l. Industrial Design;
m. Intellectual property related to the sport.
2.2. The Board of Executive Directors and the Council of Advisors may create new Permanent Study committees, and extinguish any of the existing ones.
2.3. Only ABPI members who are up to date with their social obligations may participate in study committee.
2.4. When necessary to submit any matter to voting, only the members mentioned in sections I to IV of art. 5, of the bylaws will have the right to vote.
COMMITTEES’ MEETINGS AND PROCEDURES FOR APPROVAL OF RECOMMENDATIONS
Section I. General Provisions
3. ABPI’s General Reporter is responsible for guiding studies and technical and scientific discussions of the society, and may appoint assistants to assist in their work.
3.1. The General Reporter shall indicate the coordinators of the study committees, and optionally Reporters – General Reporter Assistants to work together with the coordinators of the study committees.
3.1.1. The General Reporter, at its discretion, may appoint more than one coordinator for each committee, which will work together.
3.1.2. Coordinators, at the annual Ordinary General Assembly, which will take place preferably during the ABPI’s Annual Congress, shall report the activities undertaken during this period.
3.2. Coordinators may be released from their duties at any time by the General Reporter, who shall indicate their substitute.
3.3. The meetings of the study committees will have a Secretary chosen by the Coordinator (s), which shall draw up the corresponding minutes. Whenever possible, the meetings shall be recorded and held by video conference to allow simultaneous participation of members.
3.3.1. The minutes shall be forwarded to the General Reporter in order to be sent to all members no later than 15 (fifteen) days after the meeting.
3.4. Committees’ meetings will be open to all members up to date with their social obligations. After the Annual Ordinary General Assembly, the Secretariat of the ABPI will send a notice to all members up to date with their social obligations regarding the operating Committees’, and will call upon members to participate effectively in them.
3.5. Each Study Committee will meet whenever convened by the Coordinator (s) or the General Reporter, each Committee shall meet preferably 6 (six) times a year, but at least 1 (one) time per year, at ABPI’s Annual Congress. The dates, times and venues of meetings of Study committees shall be set by agreement between the Coordinators and the General Reporter.
3.5.1. The call to Committees’ meetings shall be sent to all members up to date with their social obligations.
3.5.2. Members up to date with their social obligations may suggest topics for debate at the committees’ meetings, which should be evaluated by their coordinators and / or the General Reporter considering its convenience, timeliness and relevance.
3.5.3. The Coordinator (s) of the Committee shall relate the issues to be discussed and, whenever possible, expose the history of such matters and indicate complementary bibliography for consultation by the members.
3.5.4. Only members who attend at least 50% (fifty percent) of the meetings on a particular subject are entitled to vote. A quorum of at least 5 (five) members with voting rights is necessary for any deliberation by the Committee to take place.
3.6. The Committee Coordinator may invite any person, including third parties who are not members of ABPI, to give a lecture at the meeting or to participate in it as a listener, observer or debater.
3.7. The minutes of the meetings will be sent to the General Reporter, who will distribute them to all members up to date with their social obligations.
Section II. Procedures for the approval of Recommendations
3.8. Study committees, whenever they deem appropriate, may approve recommendations to be forwarded to the General Reporter, to be submitted to the Council of Advisors.
3.9. If approved by the Council of Advisors, the recommendation will reflect ABPI’s official opinion on the subject, and should be published in ABPI’s Magazine.
3.10. If the Council of Advisors suggests changes in the Recommendation, its publication shall be suspended until there is an agreement with the coordinator regarding the suggested modification.
3.10.1. In the event the Coordinator (s) do not agree with the suggested modification, publication shall be suspended until its deliberation by the General Assembly which will decide about it in a sovereign and final form. However, in order to expedite the procedures for approval of the Recommendations, Coordinator (s) in agreement with the General Reporter, or the Council of Advisors may choose to submit the issue to members so that they manifest themselves on the occasion of the next monthly meeting of the Council of Advisors, or, if there is not enough time, the subsequent meeting after the next one.
3.11. If the Council of Advisors rejects the recommendation and the Committee’s Coordinator deems appropriate to submit the issue to the General Assembly, the matter will be discussed at the first meeting in the General Assembly, which will decide about it by the same sovereign and final form. The publication of the Recommendation will be suspended until its eventual approval by the General Assembly.
3.12. The Council of Advisors, whenever suggesting modifications or rejecting a recommendation should send a representative to the next meeting of the Committee in order to explain to their members the reasons for the modification or rejection.
4. Whenever necessary, there may be formed independent working groups of Committees to study a topic of interest to ABPI.
4.1. The Working Groups will be formed by deliberation of the Board of Executive Directors and the Council of Advisors. Only the Coordinator, the General Reporter and the members of the Working Group are entitled to vote, all appointed by the Board of Executive Directors and by the Council of Advisors, as appropriate.
4.2. There is no minimum or maximum limit on the number of members of the Working Groups, being the Board of Executive Directors and the Council of Advisors respnsible for determining which members who will be part of it.
4.2.1. A 2/3 (two-thirds) quorum of Working Group members is necessary any deliberation to take place.
4.2.2. The meetings of the working groups may or may not be open to other members up to date with their social obligations, as determined by agreement between the Coordinator and the General Reporter.
4.3. The Coordinator of the Working Group and the General Reporter may invite any person, including third parties which are not ABPI members to give a lecture at the meeting or to participate in it as a listener, observer or debater.
4.4. The procedures for approval of Working Groups’ recommendations apply to the provisions contained in Section II, Chapter III, of this regulations. The Recommendation approved by the Council of Advisors shall be immediately distributed to members, so that they manifest within the period prescribed by the Council of Advisors.
4.4.1. In urgent cases, the Working Group’s recommendation may be approved by the Board of Executive Directors, “ad referendum” of the Council of Advisors.
GENERAL AND TRANSITIONAL PROVISIONS
5. The Software and Information Technology Committee shall be renamed, on this date, to Software, Computers and Internet Committee.
5.1. These Regulations come into force on the date of its approval by the Board of Executive Directors and Council of Advisors of ABPI.