Convention Establishing the
World Intellectual Property Organization |
建立世界知识产权组织公约 |
(Signed at Stockholm on July 14, 1967 and
as amended on September 28, 1979) |
1967年7月14日在斯德哥尔摩签订
1979年10月2日修正 |
| The Contracting Parties, |
缔约各方：
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| Desiring to contribute to better understanding and co-operation among States for their mutual benefit on the basis of respect for their sovereignty and equality,
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有志于在尊重主权和平等基础上，为谋求共同利益，增进各国之间的了解与合作而贡献力量； |
| Desiring, in order to encourage creative activity, to promote the protection of intellectual property throughout the world,
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有志于为鼓励创造性活动而加强世界范围内的知识产权保护； |
| Desiring to modernize and render more efficient the administration of the Unions established in the fields of the protection of industrial property and the protection of literary and artistic works, while fully respecting the independence of each of the Unions,
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有志于在充分尊重各联盟独立性的条件下，使为保护工业产权和文学艺术作品而建立的各联盟的管理趋于现代化并提高效率； |
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特协议如下：
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Article 1
Establishment of the Organization
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| The World Intellectual Property Organization is hereby established.
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建立世界知识产权组织。
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Article 2
Definitions
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| For the purposes of this Convention:
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在本公约中： |
| (i) “Organization” shall mean the World Intellectual Property Organization (WIPO);
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| （1）“本组织”是指世界知识产权组织（WIPO）； |
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| (ii) “International Bureau” shall mean the International Bureau of Intellectual Property;
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| (iii) “Paris Convention” shall mean the Convention for the Protection of Industrial Property signed on March 20, 1883, including any of its revisions;
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| （3）“巴黎公约”是指1883年3月20日签订的保护工业产权公约及其一切修订本； |
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| (iv) “Berne Convention” shall mean the Convention for the Protection of Literary and Artistic Works signed on September 9, 1886, including any of its revisions;
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| （4）“伯尔尼公约”是指1886年9月9日签订的保护文学艺术作品公约及其一切修订本； |
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| (v) “Paris Union” shall mean the International Union established by the Paris Convention;
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| （5）“巴黎联盟”是指根据巴黎公约建立的国际联盟； |
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| (vi) “Berne Union” shall mean the International Union established by the Berne Convention;
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| （6）“伯尔尼联盟”是指根据伯尔尼公约建立的国际联盟； |
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| (vii) “Unions” shall mean the Paris Union, the Special Unions and Agreements established in relation with that Union, the Berne Union, and any other international agreement designed to promote the protection of intellectual property whose administration is assumed by the Organization according to Article 4(iii);
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| （7）“各联盟”是指巴黎联盟、与该联盟有关的各专门联盟与协定、伯尔 尼联盟以及根据第四条第（3）项由本组织担任其行政事务的任何其他旨在促进知识产权保护的国际协定； |
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| (viii) “intellectual property” shall include the rights relating to:
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| - literary, artistic and scientific works,
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| - performances of performing artists, phonograms, and broadcasts,
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| - inventions in all fields of human endeavor,
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| - scientific discoveries,
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| - trademarks, service marks, and commercial names and designations,
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| - protection against unfair competition,
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| and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.
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| 以及在工业、科学、文学或艺术领域内由于智力活动而产生的一切其他权利。
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Article 3
Objectives of the Organization
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| The objectives of the Organization are:
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本组织的宗旨是：
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| (i) to promote the protection of intellectual property throughout the world through cooperation among States and, where appropriate, in collaboration with any other international organization,
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| （1）通过国家之间的合作并在适当情况下与其他国际组织配合，促进世界范围内的知识产权保护； |
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| (ii) to ensure administrative cooperation among the Unions.
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Article 4
Functions
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| In order to attain the objectives described in Article 3, the Organization, through its appropriate organs, and subject to the competence of each of the Unions:
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为了实现第三条所述宗旨，本组织通过其适当机构并根据各联盟的权限：
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| (i) shall promote the development of measures designed to facilitate the efficient protection of intellectual property throughout the world and to harmonize national legislation in this field;
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| （1）促进旨在便利全世界对知识产权的有效保护和协调各国在该领域内立法的措施的发展； |
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| (ii) shall perform the administrative tasks of the Paris Union, the Special Unions established in relation with that Union, and the Berne Union;
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| （2）执行巴黎联盟、与该联盟有联系的各专门联盟以及伯尔尼联盟的行政任务； |
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| (iii) may agree to assume, or participate in, the administration of any other international agreement designed to promote the protection of intellectual property;
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| （3）可以同意担任或参加任何其他旨在促进保护知识产权的国际协定的行政事务； |
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| (iv) shall encourage the conclusion of international agreements designed to promote the protection of intellectual property;
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| (v) shall offer its cooperation to States requesting legal-technical assistance in the field of intellectual property;
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| （5）对于在知识产权领域内请求法律─技术援助的国家给予合作； |
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| (vi) shall assemble and disseminate information concerning the protection of intellectual property, carry out and promote studies in this field, and publish the results of such studies;
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| （6）收集并传播有关保护知识产权的情报，从事并促进该领域内的研究，并公布这些研究的成果； |
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| (vii) shall maintain services facilitating the international protection of intellectual property and, where appropriate, provide for registration in this field and the publication of the data concerning the registrations;
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| （7）维持有助于知识产权国际保护的服务机构，在适当情况下，提供这方面的注册以及有关注册的公开资料； |
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| (viii) shall take all other appropriate action.
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Article 5
Membership
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| (1) Membership in the Organization shall be open to any State which is a member of any of the Unions as defined in Article 2(vii).
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一、凡属第二条第（7）项所规定的任一联盟的成员的任何国家都可以成为本组织的成员国。
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| (2) Membership in the Organization shall be equally open to any State not a member of any of the Unions, provided that:
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二、不属于任一联盟成员的任何国家，具备以下条件者，同样也可成为本组织的成员国：
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| (i) it is a member of the United Nations, any of the Specialized Agencies brought into relationship with the United Nations, or the International Atomic Energy Agency, or is a party to the Statute of the International Court of Justice, or
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| （1）联合国成员国、与联合国有关系的任何专门机构的成员国、国际原子能机构的成员国或国际法院规约的当事国；或
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| (ii) it is invited by the General Assembly to become a party to this Convention.
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Article 6
General Assembly
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一、 |
| (a) There shall be a General Assembly consisting of the States party to this Convention which are members of any of the Unions.
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| （一）本组织应设大会，由作为任一联盟成员国的本公约当事国组成。
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| (b) The Government of each State shall be represented by one delegate, who may be assisted by alternate delegates, advisors, and experts.
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| （二）每一国政府应有一名代表，可辅以若干副代表、顾问和专家。
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| (c) The expenses of each delegation shall be borne by the Government which has appointed it.
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| (2) The General Assembly shall:
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二、大会应：
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| (i) appoint the Director General upon nomination by the Coordination Committee;
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| (ii) review and approve reports of the Director General concerning the Organization and give him all necessary instructions;
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| （2）审议并批准总干事关于本组织的报告，并给其以一切必要的指示； |
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| (iii) review and approve the reports and activities of the Coordination Committee and give instructions to such Committee;
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| （3）审议并批准协调委员会的报告与活动，并给以指示； |
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| (iv) adopt the biennial budget of expenses common to the Unions;
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| (v) approve the measures proposed by the Director General concerning the administration of the international agreements referred to in Article 4(iii);
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| （5）批准总干事提出的关于第四条第（3）项所指的国际协定的行政管理措施； |
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| (vi) adopt the financial regulations of the Organization;
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| (vii) determine the working languages of the Secretariat, taking into consideration the practice of the United Nations;
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| (viii) invite States referred to under Article 5(2)(ii) to become party to this Convention;
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| （8）邀请第五条第二款第（2）项所指的国家参加本公约； |
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| (ix) determine which States not Members of the Organization and which intergovernmental and international non-governmental organizations shall be admitted to its meetings as observers;
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| （9）决定哪些非本组织成员的国家、哪些政府间组织和非政府性的国际组织可作为观察员参加会议； |
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| (x) exercise such other functions as are appropriate under this Convention.
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| (3) |
三、 |
| (a) Each State, whether member of one or more Unions, shall have one vote in the General Assembly.
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| （一）每一国家，无论是一个或几个联盟的成员国，在大会上应有一票表决权。
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| (b) One-half of the States members of the General Assembly shall constitute a quorum.
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| (c) Notwithstanding the provisions of subparagraph (b), if, in any session, the number of States represented is less than one-half but equal to or more than one-third of the States members of the General Assembly, the General Assembly may make decisions but, with the exception of decisions concerning its own procedure, all such decisions shall take effect only if the following conditions are fulfilled. The International Bureau shall communicate the said decisions to the States members of the General Assembly which were not represented and shall invite them to express in writing their vote or abstention within a period of three months from the date of the communication. If, at the expiration of this period, the number of States having thus expressed their vote or abstention attains the number of States which was lacking for attaining the quorum in the session itself, such decisions shall take effect provided that at the same time the required majority still obtains.
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| （三）尽管有（二）项的规定，如果在任一届会议上，出席国的数目不足一半，但相当于或超过大会成员国三分之一时，大会可以作出决议，但是，关于其本身程序的决议除外，所有这些决议只有符合以下条件时才能生效。国际局应将这些决议通知未出席的大会成员国，并请它们于通知之日起三个月内以书面表示投票或者弃权。如果在这一期限届满时，已经这样投票或弃权的国家的数目达到本届会议法定人数所缺少的国家数目，同时也取得了所要求的多数票，这些决议即应生效。
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| (d) Subject to the provisions of subparagraphs (e) and (f), the General Assembly shall make its decisions by a majority of two-thirds of the votes cast.
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| （四）在遵守（五）和（六）项规定的条件下，大会应以所投票的三分之二多数作出决定； |
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| (e) The approval of measures concerning the administration of international agreements referred to in Article 4(iii) shall require a majority of three-fourths of the votes cast.
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| （五）批准关于第四条第（3）项所指国际协定的行政管理措施，需四分之三多数票通过。
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| (f) The approval of an agreement with the United Nations under Articles 57 and 63 of the Charter of the United Nations shall require a majority of nine-tenths of the votes cast.
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| （六）批准根据联合国宪章第五十七条和第六十三条与联合国签订的协定，需十分之九多数票通过。
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| (g) For the appointment of the Director General (paragraph (2)(i)), the approval of measures proposed by the Director General concerning the administration of international agreements (paragraph (2)(v)), and the transfer of headquarters (Article 10), the required majority must be attained not only in the General Assembly but also in the Assembly of the Paris Union and the Assembly of the Berne Union.
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| （七）任命总干事［第二款第（1）项］、批准总干事所提出的关于国际协定的行政管理措施［第二款第（5）项］以及迁移总部（第十条），不仅须经本组织大会，而且须经巴黎联盟大会和伯尔尼联盟大会，以所要求的多数票通过。 |
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| (h) Abstentions shall not be considered as votes.
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| (i) A delegate may represent, and vote in the name of, one State only.
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| （九）一名代表只能代表一个国家，并且只能以一个国家的名义投票。
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| (4)
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四、 |
| (a) The General Assembly shall meet once in every second calendar year in ordinary session, upon convocation by the Director General. |
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| (b) The General Assembly shall meet in extraordinary session upon convocation by the Director General either at the request of the Coordination Committee or at the request of one-fourth of the States members of the General Assembly.
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| （二）大会应由总干事根据协调委员会或大会四分之一成员国的请求召集举行特别会议。
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| (c) Meetings shall be held at the headquarters of the Organization.
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| (5) States party to this Convention which are not members of any of the Unions shall be admitted to the meetings of the General Assembly as observers.
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五、已参加本公约，但不是任一联盟的成员的国家应允许以观察员身份参加大会的会议。
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| (6) The General Assembly shall adopt its own rules of procedure.
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六、大会应通过自己的议事规则。
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Article 7
Conference
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| (1)
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一、 |
| (a) There shall be a Conference consisting of the States party to this Convention whether or not they are members of any of the Unions.
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| （一）本组织应设成员国会议，由本公约成员国组成，不论它们是否任一联盟的成员国。
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| (b) The Government of each State shall be represented by one delegate, who may be assisted by alternate delegates, advisors, and experts.
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| （二）每一国政府应有一名代表，可辅以若干副代表、顾问和专家。
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| (c) The expenses of each delegation shall be borne by the Government which has appointed it.
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| (2) The Conference shall:
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二、成员国会议应：
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| (i) discuss matters of general interest in the field of intellectual property and may adopt recommendations relating to such matters, having regard for the competence and autonomy of the Unions;
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| （1）讨论知识产权领域内普遍关心的事项，并且得在尊重各联盟权限和自主的条件下就这些事项通过建议； |
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| (ii) adopt the biennial budget of the Conference;
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| (iii) within the limits of the budget of the Conference, establish the biennial program of legal-technical assistance;
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| （3）在本会议预算的限度内，制定二年法律—技术援助计划； |
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| (iv) adopt amendments to this Convention as provided in Article 17;
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| (v) determine which States not Members of the Organization and which intergovernmental and international non-governmental organizations shall be admitted to its meetings as observers;
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| （5）决定应允许哪些非本组织成员的国家、哪些政府间组织和非政府性的国际组织可作为观察员参加其会议； |
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| (vi) exercise such other functions as are appropriate under this Convention.
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| (3)
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三、 |
| (a) Each Member State shall have one vote in the Conference.
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| (b) One-third of the Member States shall constitute a quorum.
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| (c) Subject to the provisions of Article 17, the Conference shall make its decisions by a majority of two-thirds of the votes cast.
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| （三）在遵守第十七条规定的条件下，本会议应以三分之二多数票作出决议； |
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| (d) The amounts of the contributions of States party to this Convention not members of any of the Unions shall be fixed by a vote in which only the delegates of such States shall have the right to vote.
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| （四）对参加本公约但未参加任一联盟的国家的会费数额应由仅只这类国家的代表有投票权的表决来决定。
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| (e) Abstentions shall not be considered as votes.
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| (f) A delegate may represent, and vote in the name of, one State only.
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| （六）一名代表只能代表一个国家，并且只能以一个国家的名义投票。
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| (4)
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四、 |
| (a) The Conference shall meet in ordinary session, upon convocation by the Director General, during the same period and at the same place as the General Assembly.
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| （一）本会议的例会，应由总干事召集，会期及会议地点与大会相同。
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| (b) The Conference shall meet in extraordinary session, upon convocation by the Director General, at the request of the majority of the Member States.
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| （二）本会议应由总干事根据多数成员国的请求召集举行。
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| (5) The Conference shall adopt its own rules of procedure.
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五、本会议应通过自己的议事规则。
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Article 8
Coordination Committee
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一、 |
| (a) There shall be a Coordination Committee consisting of the States party to this Convention which are members of the Executive Committee of the Paris Union, or the Executive Committee of the Berne Union, or both. However, if either of these Executive Committees is composed of more than one-fourth of the number of the countries members of the Assembly which elected it, then such Executive Committee shall designate from among its members the States which will be members of the Coordination Committee, in such a way that their number shall not exceed the one-fourth referred to above, it being understood that the country on the territory of which the Organization has its headquarters shall not be included in the computation of the said one-fourth.
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| （一）本组织应设协调委员会，由担任巴黎联盟执行委员会委员或伯尔尼联盟执行委员会委员或兼任两执行委员会委员的本公约当事国组成。然而，如果其中任一执行委员会的委员数目超过了选举它的大会成员国总数的四分之一，则该执行委员会应从其委员中指定参加协调委员会的国家，数目不得超过上面提到的四分之一。在计算上述的四分之一数目时，本组织总部所在国不应包括在内。
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| (b) The Government of each State member of the Coordination Committee shall be represented by one delegate, who may be assisted by alternate delegates, advisors, and experts.
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| （二）作为协调委员会委员的每一个国家应有一名代表，可辅以若干副代表、顾问和专家。
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| (c) Whenever the Coordination Committee considers either matters of direct interest to the program or budget of the Conference and its agenda, or proposals for the amendment of this Convention which would affect the rights or obligations of States party to this Convention not members of any of the Unions, one-fourth of such States shall participate in the meetings of the Coordination Committee with the same rights as members of that Committee. The Conference shall, at each of its ordinary sessions, designate these States.
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| （三）当协调委员会审议直接涉及成员国会议的计划、预算及其议程，或审议关于修订本公约的建议时，如果该修订建议将影响已参加本公约但没有参加任一联盟的国家的权利或义务，则应有这类国家的四分之一参加协调委员会的会议并享有与该委员会委员同等的权利。成员国会议应在每届例会上指定这些国家。
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| (d) The expenses of each delegation shall be borne by the Government which has appointed it.
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| (2) If the other Unions administered by the Organization wish to be represented as such in the Coordination Committee, their representatives must be appointed from among the States members of the Coordination Committee.
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二、如果本组织所经管的其它联盟希望参加协调委员会，其代表必须从协调委员会成员国中指派。
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| (3) The Coordination Committee shall:
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三、协调委员会应：
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| (i) give advice to the organs of the Unions, the General Assembly, the Conference, and the Director General, on all administrative, financial and other matters of common interest either to two or more of the Unions, or to one or more of the Unions and the Organization, and in particular on the budget of expenses common to the Unions;
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| （1）就两个或两个以上联盟共同有关的，或者一个或一个以上联盟与本组织共同有关的一切有关行政、财务和其他事项，特别是各联盟共同开支的预算，向各联盟的机构、大会、成员国会议和总干事提出意见； |
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| (ii) prepare the draft agenda of the General Assembly;
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| (iii) prepare the draft agenda and the draft program and budget of the Conference;
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| （3）拟订成员国会议的议程草案以及计划和预算草案； |
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| (v) when the term of office of the Director General is about to expire, or when there is a vacancy in the post of the Director General, nominate a candidate for appointment to such position by the General Assembly; if the General Assembly does not appoint its nominee, the Coordination Committee shall nominate another candidate; this procedure shall be repeated until the latest nominee is appointed by the General Assembly;
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| （5）在总干事任期即将届满，或总干事职位出缺时，提名一个候选人由大会任命；如果大会未任命所提名的人，则协调委员会应另提一名候选人；这一程序应反复进行直至最后提名的人被大会任命为止； |
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| (vi) if the post of the Director General becomes vacant between two sessions of the General Assembly, appoint an Acting Director General for the term preceding the assuming of office by the new Director General;
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| （6）如果总干事的职位在两届大会之间出缺，任命一个代理总干事，在新任总干事就任前代职； |
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| (vii) perform such other functions as are allocated to it under this Convention.
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| (4)
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四、 |
| (a) The Coordination Committee shall meet once every year in ordinary session, upon convocation by the Director General. It shall normally meet at the headquarters of the Organization.
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| （一）协调委员会每年举行一次例会，由总干事召集。在正常情况下应在本组织总部举行。
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| (b) The Coordination Committee shall meet in extraordinary session, upon convocation by the Director General, either on his own initiative, or at the request of its Chairman or one-fourth of its members.
|
|
| （二）协调委员会的特别会议，应由总干事召集，或根据其本人倡议，或应协调委员会主席的请求，或协调委员会四分之一成员的请求而召开。
|
|
| (5)
|
五、 |
| (a) Each State whether a member of one or both of the Executive Committees referred to in paragraph (1)(a), shall have one vote in the Coordination Committee.
|
|
| （一）每个国家，不论它是第一款（一）项提到的一个还是两个执行委员会的委员，在协调委员会中都只有一票表决权。
|
|
| (b) One-half of the members of the Coordination Committee shall constitute a quorum.
|
|
|
| (c) A delegate may represent, and vote in the name of, one State only.
|
|
| （三）一名代表只能代表一个国家，并且只能以一个国家的名义投票。
|
|
| (6)
|
六、 |
| (a) The Coordination Committee shall express its opinions and make its decisions by a simple majority of the votes cast. Abstentions shall not be considered as votes.
|
|
| （一）协调委员会应按投票的简单对数发表意见和作出决议。弃权不作投票计算。
|
|
| (b) Even if a simple majority is obtained, any member of the Coordination Committee may, immediately after the vote, request that the votes be the subject of a special recount in the following manner: two separate lists shall be prepared, one containing the names of the States members of the Executive Committee of the Paris Union and the other the names of the States members of the Executive Committee of the Berne Union; the vote of each State shall be inscribed opposite its name in each list in which it appears. Should this special recount indicate that a simple majority has not been obtained in each of those lists, the proposal shall not be considered as carried.
|
|
| （二）尽管取得了简单多数，协调委员会的任何委员可以在表决后立即要求按下列办法对票数作一次特别重新计算：将巴黎联盟执行委员会委员国和伯尔尼联盟执行委员会委员国分别列成两个名单将每个国家的投票记入所属名单中自己名称的旁边。如果这样的特别重新计算表明不是在每个名单中都取得了简单多数，则该项提案应视为未通过。 |
|
| (7) Any State Member of the Organization which is not a member of the Coordination Committee may be represented at the meetings of the Committee by observers having the right to take part in the debates but without the right to vote.
|
七、本组织任何不属协调委员会成员的成员国，可以派观察员参加本委员会的会议，有权参加辩论，但无表表决权。
|
| (8) The Coordination Committee shall establish its own rules of procedure.
|
八、调委员会应制定自己的议事规则。
|
Article 9
International Bureau
|
|
| (1) The International Bureau shall be the Secretariat of the Organization.
|
一、国际局应为本组织的秘书处。
|
| (2) The International Bureau shall be directed by the Director General, assisted by two or more Deputy Directors General.
|
二、国际局应由总干事领导并辅以两个或两个以上的副总干事。
|
| (3) The Director General shall be appointed for a fixed term, which shall be not less than six years. He shall be eligible for reappointment for fixed terms. The periods of the initial appointment and possible subsequent appointments, as well as all other conditions of the appointment, shall be fixed by the General Assembly.
|
三、总干事任期固定，每任不少于六年。他应有资格按任期连任。初任期限和可能的连任期限以及任命的所有其他条件，均应由大会规定。
|
| (4)
|
四、 |
| (a) The Director General shall be the chief executive of the Organization.
|
|
|
| (b) He shall represent the Organization.
|
|
|
| (c) He shall report to, and conform to the instructions of, the General Assembly as to the internal and external affairs of the Organization.
|
|
| （三）他应就本组织的内外事务，向大会汇报，并遵从大会的指示。
|
|
| (5) The Director General shall prepare the draft programs and budgets and periodical reports on activities. He shall transmit them to the Governments of the interested States and to the competent organs of the Unions and the Organization.
|
五、总干事应拟定计划草案和预算草案并起草工作活动定期报告.他应将这些草案和报告送交有关国家的政府以及各联盟和本组织的主管机构。
|
| (6) The Director General and any staff member designated by him shall participate, without the right to vote, in all meetings of the General Assembly, the Conference, the Coordination Committee, and any other committee or working group. The Director General or a staff member designated by him shall be ex officio secretary of these bodies.
|
六、总干事和任何由他指派的工作人员可参加大会、成员国会议、协调委员会以及任何其他委员会或工作组的一切会议，但无表决权。总干事或由他指派的一名工作人员应为这些机构的当然秘书。
|
| (7) The Director General shall appoint the staff necessary for the efficient performance of the tasks of the International Bureau. He shall appoint the Deputy Directors General after approval by the Coordination Committee. The conditions of employment shall be fixed by the staff regulations to be approved by the Coordination Committee on the proposal of the Director General. The paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence, and integrity. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible.
|
七、总干事应任命为有效执行国际局任务所必需的工作人员。他应在协调委员会批准后，任命副总干事。任用的条件应在由总干事提出并由协调委员会批准的工作人员条例中规定。任用工作人员和决定服务条件首要考虑的应是：必须保证最高标准的效率、能力和品德。在录用工作人员时应适当注意尽可能广泛的地域分布的重要性。
|
| (8) The nature of the responsibilities of the Director General and of the staff shall be exclusively international. In the discharge of their duties they shall not seek or receive instructions from any Government or from any authority external to the Organization. They shall refrain from any action which might prejudice their position as international officials. Each Member State undertakes to respect the exclusively international character of the responsibilities of the Director General and the staff, and not to seek to influence them in the discharge of their duties.
|
八、总干事和工作人员的责任的性质应是纯粹国际性的。在执行职务时，他们不应寻求或接受任何政府或本组织以外的任何当局的指示。他们不应做任何可能有损于其国际官员身份的行为，每一个成员国都应尊重总干事和工作人员职责的纯粹国际性质，并且不得在他们执行任务时设法施加影响。
|
Article 10
Headquarters
|
|
| (1) The headquarters of the Organization shall be at Geneva.
|
一、本组织总部设在日内瓦。
|
| (2) Its transfer may be decided as provided for in Article 6(3)(d) and (g).
|
二、其迁移可按第六条第三款（四）项和（七）项的规定来决定。
|
Article 11
Finances
|
|
| (1) The Organization shall have two separate budgets: the budget of expenses common to the Unions, and the budget of the Conference.
|
一、本组织应有两种单独的预算：各联盟共同开支预算和成员国会议预算。
|
| (2)
|
二、 |
| (a) The budget of expenses common to the Unions shall include provision for expenses of interest to several Unions.
|
|
| （一）各联盟共同开支预算应包括对几个联盟有关系的开支的规定。
|
|
| (b) This budget shall be financed from the following sources:
|
|
|
| (i) contributions of the Unions, provided that the amount of the contribution of each Union shall be fixed by the Assembly of that Union, having regard to the interest the Union has in the common expenses;
|
|
| （1）各联盟的分摊，而每个联盟分摊的数额应由该联盟大会依据其在共同开支中所享受的利益来确定； |
|
| (ii) charges due for services performed by the International Bureau not in direct relation with any of the Unions or not received for services rendered by the International Bureau in the field of legal-technical assistance;
|
|
| （2）国际局所进行的与各联盟无直接关系的服务收费或者不属于国际局提供的法律一技术援助方面的服务收费； |
|
| (iii) sale of, or royalties on, the publications of the International Bureau not directly concerning any of the Unions;
|
|
| （3）与各联盟无直接关系的国际局出版物的售款与版税； |
|
| (iv) gifts, bequests, and subventions, given to the Organization, except those referred to in paragraph (3)(b)(iv);
|
|
| （4）给予本组织的赠款、遗赠和津贴，但第三款（二）第（4）项所指的款项除外； |
|
| (v) rents, interests, and other miscellaneous income, of the Organization.
|
|
|
| (3)
|
三、 |
| (a) The budget of the Conference shall include provision for the expenses of holding sessions of the Conference and for the cost of the legal-technical assistance program.
|
|
| （一）成员国会议的预算应包括该召开会议的开支和法律—技术援助计划的支出。
|
|
| (b) This budget shall be financed from the following sources:
|
|
|
| (i) contributions of States party to this Convention not members of any of the Unions;
|
|
|
| (ii) any sums made available to this budget by the Unions, provided that the amount of the sum made available by each Union shall be fixed by the Assembly of that Union and that each Union shall be free to abstain from contributing to the said budget;
|
|
| （2）各联盟为这一预算提供的款项，而各联盟提供款项数额应由各该联盟大会确定，各联盟也可不为该预算提供款项； |
|
| (iii) sums received for services rendered by the International Bureau in the field of legal-technical assistance;
|
|
| （3）国际局由于提供法律一技术援助服务而得到的款项； |
|
| (iv) gifts, bequests, and subventions, given to the Organization for the purposes referred to in subparagraph (a). |
|
| （4）为了（一）项所述的目的，给予本组织的赠款、遗赠和津贴。
|
|
| (4)
|
四、 |
| (a) For the purpose of establishing its contribution towards the budget of the Conference, each State party to this Convention not member of any of the Unions shall belong to a class, and shall pay its annual contributions on the basis of a number of units fixed as follows2:
|
|
| （一）为了规定每个成员国对成员国会议预算应缴的会费，参加本公约但未参加任何联盟的国家应属于一个等级，并应以下面所确定的单位数为基础缴纳年度会费：
|
|
| Class A .......... 10
|
A级.........10
|
| Class B ............ 3
|
B级...........3
|
| Class C ............ 1
|
C级...........1
|
| (b) Each such State shall, concurrently with taking action as provided in Article 14(1), indicate the class to which it wishes to belong. Any such State may change class. If it chooses a lower class, the State must announce it to the Conference at one of its ordinary sessions. Any such change shall take effect at the beginning of the calendar year following the session.
|
|
| （二）上述各国在按第十四条第一款规定采取行动的同时，应指出自己希望属于哪一等级。任一这类国家均可改变其等级，如要改为较低的级别，该国必须在一次例会上向成员国会议宣布。这 种改动应于该届会议后的下一历年开始时生效。
|
|
| (c) The annual contribution of each such State shall be an amount in the same proportion to the total sum to be contributed to the budget of the Conference by all such States as the number of its units is to the total of the units of all the said States.
|
|
| （三）每一个这类国家每年应缴会费的数额在所有这类国家对成员国会议预算交费总额中所占的比例应相当于它的单位数在所有这类国家的总单位数中所占的比例。
|
|
| (d) Contributions shall become due on the first of January of each year.
|
|
|
| (e) If the budget is not adopted before the beginning of a new financial period, the budget shall be at the same level as the budget of the previous year, in accordance with the financial regulations.
|
|
| （五）在新的财政周期开始之前，如果预算尚未被通过，则根据财务条例，应按上年度预算的标准执行。
|
|
| (5) Any State party to this Convention not member of any of the Unions which is in arrears in the payment of its financial contributions under the present Article, and any State party to this Convention member of any of the Unions which is in arrears in the payment of its contributions to any of the Unions, shall have no vote in any of the bodies of the Organization of which it is a member, if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. However, any of these bodies may allow such a State to continue to exercise its vote in that body if, and as long as, it is satisfied that the delay in payment arises from exceptional and unavoidable circumstances.
|
五、任何参加本公约但未参加任何联盟的国家拖欠本条所规定的会费，以及任何参加本公约的任何联盟成员国拖欠其联盟会费时，如果其所欠金额相当于或超过前两个整年的会费金额，则不应在它作为成员国的本组织任何机构内行使表决权。然而，只要查明该国拖延缴费是由于特殊的和不可避免的情况，这些机构则可以允许它继续在该机构内行使表决权。
|
| (6) The amount of the fees and charges due for services rendered by the International Bureau in the field of legal-technical assistance shall be established, and shall be reported to the Coordination Committee, by the Director General.
|
六、国际局在法律—技术方面提供服务项目的收费数额应由总干事确定，并应由他向协调委员会报告。
|
| (7) The Organization, with the approval of the Coordination Committee, may receive gifts, bequests, and subventions, directly from Governments, public or private institutions, associations or private persons.
|
七、经协调委员会批准，本组织可直接接受来自政府、公私机构、协会或私人的赠款、遗赠和津贴。
|
| (8)
|
八、 |
| (a) The Organization shall have a working capital fund which shall be constituted by a single payment made by the Unions and by each State party to this Convention not member of any Union. If the fund becomes insufficient, it shall be increased.
|
|
| （一）本组织应有一项工作基金，由各联盟和参加本公约但未参加任何联盟的国家一次缴纳。当该项基金不足时，应予增加。 |
|
| (b) The amount of the single payment of each Union and its possible participation in any increase shall be decided by its Assembly.
|
|
| （二）各联盟一次缴纳的金额和可能增缴的金额应由各该联盟大会确定。 |
|
| (c) The amount of the single payment of each State party to this Convention not member of any Union and its part in any increase shall be a proportion of the contribution of that State for the year in which the fund is established or the increase decided. The proportion and the terms of payment shall be fixed by the Conference on the proposal of the Director General and after it has heard the advice of the Coordination Committee.
|
|
| （三）参加本公约但未参加任何联盟的国家一次缴纳的金额以及在基金增加时的份额，应按照基金成立或决定增加基金那一年该国会费的比例计算。缴纳的比例和条件应由成员国会议根据总干事的建议，并听取协调委员会的意见后确定。 |
|
| (9)
|
九、 |
| (a) In the headquarters agreement concluded with the State on the territory of which the Organization has its headquarters, it shall be provided that, whenever the working capital fund is insufficient, such State shall grant advances. The amount of these advances and the conditions on which they are granted shall be the subject of separate agreements, in each case, between such State and the Organization. As long as it remains under the obligation to grant advances, such State shall have an ex officio seat on the Coordination Committee.
|
|
| （一）在本组织总部和总部所在国签立的协定中应规定，当工作基金不足时，应由该国垫款。垫款的金额和给予垫款的条件，应由该国与本组织根据每次情况另立协定。该国在承担垫款义务期间，应在协调委员会中有自然的席位。 |
|
| (b) The State referred to in subparagraph (a) and the Organization shall each have the right to denounce the obligation to grant advances, by written notification. Denunciation shall take effect three years after the end of the year in which it has been notified.
|
|
| （二）上述（一）项所述国家和本组织都有权通过书面通知终止垫款的义务。这项通知应自发出通知那年年底起三年后生效。 |
|
| (10) The auditing of the accounts shall be effected by one or more Member States, or by external auditors, as provided in the financial regulations. They shall be designated, with their agreement, by the General Assembly.
|
十、帐目的审查应根据财务条例的规定由一个或一个以上成员国或外来审计员进行。审计员应由本组织大会在征得他们本人同意后指派。
|
Article 12
Legal Capacity; Privileges and Immunities
|
|
| (1) The Organization shall enjoy on the territory of each Member State, in conformity with the laws of that State, such legal capacity as may be necessary for the fulfilment of the Organization’s objectives and for the exercise of its functions.
|
一、本组织在各成员国领土上，在符合各该国家的法律条件下，应享有为完成本组织宗旨和行使其职权所必需的权利能力。
|
| (2) The Organization shall conclude a headquarters agreement with the Swiss Confederation and with any other State in which the headquarters may subsequently be located.
|
二、本组织应与瑞士联邦，以及任何总部今后可能设在的其它国家缔结一项总部协定。
|
| (3) The Organization may conclude bilateral or multilateral agreements with the other Member States with a view to the enjoyment by the Organization, its officials, and representatives of all Member States, of such privileges and immunities as may be necessary for the fulfilment of its objectives and for the exercise of its functions.
|
三、本组织可与其他成员国缔结双边或多边协定，使本组织、其官员以及一切成员国的代表享有为完成本组织宗旨和行使其职权所必需的特权与豁免。
|
| (4) The Director General may negotiate and, after approval by the Coordination Committee, shall conclude and sign on behalf of the Organization the agreements referred to inparagraphs (2) and (3).
|
四、总干事可以谈判上述第二、三款所指的协定；并经协调委员会批准后代表本组织缔结和签订这种协定。 |
Article 13
Relations with Other Organizations
|
|
| (1) The Organization shall, where appropriate, establish working relations and cooperate with other intergovernmental organizations. Any general agreement to such effect entered into with such organizations shall be concluded by the Director General after approval by the Coordination Committee.
|
一、本组织应于适当时候与其他政府间组织建立工作关系并进行合作。与这类组织订立的具有这种效果的一般协定，应由总干事经协调委员会批准后缔结。
|
| (2) The Organization may, on matters within its competence, make suitable arrangements for consultation and cooperation with international non-governmental organizations and, with the consent of the Governments concerned, with national organizations, governmental or non-governmental. Such arrangements shall be made by the Director General after approval by the Coordination Committee.
|
二、本组织可就其权限内的事项，适当安排与非政府的国际组织的磋商与合作，而且，经有关政府同意，也可与该国的政府性或非政府的全国性组织进行磋商与合作。有关这方面的安排应由总干事经协调委员会批准后进行。
|
Article 14
Becoming Party to the Convention
|
|
| (1) States referred to in Article 5 may become party to this Convention and Member of the Organization by:
|
一、第五条所指的国家可以通过以下手续成为本公约的当事国和本组织的成员国：
|
| (i) signature without reservation as to ratification, or
|
|
|
| (ii) signature subject to ratification followed by the deposit of an instrument of ratification, or
|
|
| （2）申请者签署并表示同意须在递交批准书后方能获批准，或 |
|
| (iii) deposit of an instrument of accession.
|
|
|
| (2) Notwithstanding any other provision of this Convention, a State party to the Paris Convention, the Berne Convention, or both Conventions, may become party to this Convention only if it concurrently ratifies or accedes to, or only after it has ratified or acceded to:
|
二、不管本公约的任何其他规定，巴黎公约当事国、伯尔尼公约当事国，或同时兼为两个公约的当事国，只有在批准或加入或者已经批准或加入下述国际文件的条件下，才可以成为本公约的当事国：
|
| either the Stockholm Act of the Paris Convention in its entirety or with only the limitation set forth in Article 20(1)(b)(i) thereof,
|
|
| 或者巴黎公约斯德哥尔摩议定书全部或仅附有第二十条第一款（二）第（1）项所规定的限制； |
|
| or the Stockholm Act of the Berne Convention in its entirety or with only the limitation set forth in Article 28(1)(b)(i) thereof.
|
|
| 或者伯尔尼公约斯德哥尔摩议定书的全部或仅附有第二十八条第一款（二）第（1）项所规定的限制。 |
|
| (3) Instruments of ratification or accession shall be deposited with the Director General.
|
三、批准书或加入书应交由总干事保存。
|
Article 15
Entry into Force of the Convention
|
|
| (1) This Convention shall enter into force three months after ten States members of the Paris Union and seven States members of the Berne Union have taken action as provided inArticle 14(1), it being understood that, if a State is a member of both Unions, it will be counted in both groups. On that date, this Convention shall enter into force also in respect of States which, not being members of either of the two Unions, have taken action as provided in Article 14(1) three months or more prior to that date.
|
一、本公约应在十个巴黎联盟成员国和七个伯尔尼联盟成员国按第十四条第一款的规定采取行动三个月后生效。如果一个国家同时兼为两个联盟的成员国，应在两组内都计数。在生效之日，本公约对于那些不是任一联盟成员但在此日期三个月以前按第十四条第一款的规定已采取行动的国家，也应生效。 |
| (2) In respect to any other State, this Convention shall enter into force three months after the date on which such State takes action as provided in Article 14(1).
|
二、对于其他国家，本公约应在这类国家按第十四条第一款规定采取行动之日起三个月之后生效。 |
Article 16
Reservations
|
|
| No reservations to this Convention are permitted.
|
本公约不允许保留。
|
Article 17
Amendments
|
|
| (1) Proposals for the amendment of this Convention may be initiated by any Member State, by the Coordination Committee, or by the Director General. Such proposals shall be communicated by the Director General to the Member States at least six months in advance of their consideration by the Conference.
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一、有关修正本公约的建议可由任何成员国、协调委员会或总干事提出。该建议应至少在成员国会议进行审议的六个月以前由总干事通知各成员国。
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| (2) Amendments shall be adopted by the Conference. Whenever amendments would affect the rights and obligations of States party to this Convention not members of any of the Unions, such States shall also vote. On all other amendments proposed, only States party to this Convention members of any Union shall vote. Amendments shall be adopted by a simple majority of the votes cast, provided that the Conference shall vote only on such proposals for amendments as have previously been adopted by the Assembly of the Paris Union and the Assembly of the Berne Union according to the rules applicable in each of them regarding the adoption of amendments to the administrative provisions of their respective Conventions.
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二、修正案应由成员国会议通过。当修正案影响参加本公约但未参加任一联盟的国家的权利和义务时，这些国家也应参加表决。对于一切其他所提出的修正案，只应由参加本公约的任一联盟的成员国表决。成员国会议如仅对那些以前已由巴黎联盟大会和伯尔尼联盟大会己分别根据适用于各该大会关于通过各该公约行政条款修正案的规则所通过的修正案进行表决，修正案应由参加投票的国家的简单多数票表决通过。
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| (3) Any amendment shall enter into force one month after written notifications of acceptance, effected in accordance with their respective constitutional processes, have been received by the Director General from three-fourths of the States Members of the Organization, entitled to vote on the proposal for amendment pursuant to paragraph (2), at the time the Conference adopted the amendment. Any amendment thus accepted shall bind all the States which are Members of the Organization at the time the amendment enters into force or which become Members at a subsequent date, provided that any amendment increasing the financial obligations of Member States shall bind only those States which have notified their acceptance of such amendment.
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三、任何修正案应在总干事收到在成员国会议通过该修正案时，根据上述第二款有表决权的本组织四分之三成员国按照它们各自的宪法程序发出的书面接受通知书一个月后生效。这样接受的任何修正案，应对在该修正案生效时以及后来加人本组织的所有成员国都有约束力，但涉及增加成员国财政义务的修正案应只对已通知接受该修正案的国家有约束力。 |
Article 18
Denunciation
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| (1) Any Member State may denounce this Convention by notification addressed to the Director General.
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一、任何成员国可以通过向总干事送交通知书退出本公约。
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| (2) Denunciation shall take effect six months after the day on which the Director General has received the notification.
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二、退出应在总干事收到通知书起六个月后生效。
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Article 19
Notifications
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| The Director General shall notify the Governments of all Member States of:
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总干事应向一切成员国政府通知：
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| (i) the date of entry into force of the Convention,
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| (ii) signatures and deposits of instruments of ratification or accession,
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| (iii) acceptances of an amendment to this Convention, and the date upon which the amendment enters into force,
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| （3）对本公约一项修正案的接受，以及修正案生效的日期； |
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| (iv) denunciations of this Convention.
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Article 20
Final Provisions
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| (1)
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一、 |
| (a) This Convention shall be signed in a single copy in English, French, Russian and Spanish, all texts being equally authentic, and shall be deposited with the Government of Sweden.
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| （一）本公约应在一份用英文、法文、俄文和西班牙文作成的单一文本上签署，各种文本具有同等效力，并应交由瑞典政府保存。 |
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| (b) This Convention shall remain open for signature at Stockholm until January 13, 1968.
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| （二）截止到1968年1月13日本公约应在斯德哥尔摩开放签署。 |
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| (2) Official texts shall be established by the Director General, after consultation with the interested Governments, in German, Italian and Portuguese, and such other languages as the Conference may designate.
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二、正式文本，应由总干事经与有关国家政府协商后以德文、意大利文、葡萄牙文以及成员国会议指定的其它文字制定。
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| (3) The Director General shall transmit two duly certified copies of this Convention and of each amendment adopted by the Conference to the Governments of the States members of the Paris or Berne Unions, to the Government of any other State when it accedes to this Convention, and, on request, to the Government of any other State. The copies of the signed text of the Convention transmitted to the Governments shall be certified by the Government of Sweden.
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三、总干事应将经正式核签的本公约副本和由成员国会议通过的每项修正案的副本各两份分送巴黎联盟或伯尔尼联盟各成员国政府、其它加人本公约国家的政府，以及其它要求得到这些文件的国家政府。分送给各国政府的经签署的本公约副本应由瑞典政府核签。
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| (4) The Director General shall register this Convention with the Secretariat of the United Nations.
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四、总干事应向联合国秘书处登记本公约。
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Article 21
Transitional Provisions
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| (1) Until the first Director General assumes office, references in this Convention to the International Bureau or to the Director General shall be deemed to be references to the United International Bureau for the Protection of Industrial, Literary and Artistic Property (also called the United International Bureau for the Protection of Intellectual Property (BIRPI)), or its Director, respectively.
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一、在第一任总干事就职前，本公约中凡提到国际局或总干事之处，应分别视为是指保护工业、文学和艺术产权联合国际局［亦称保护知识产权联合国际局（BIRPI）］或其总干事。 |
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二、 |
| (a) States which are members of any of the Unions but which have not become party to this Convention may, for five years from the date of entry into force of this Convention, exercise, if they so desire, the same rights as if they had become party to this Convention. Any State desiring to exercise such rights shall give written notification to this effect to the Director General; this notification shall be effective on the date of its receipt. Such States shall be deemed to be members of the General Assembly and the Conference until the expiration of the said period.
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| （一）凡属任一联盟的成员而尚未参加本公约的国家，如果它们愿意，在自本公约生效之日起五年内，可行使如同它们参加了本公约一样的权利。凡希望行使这种权利的国家应书面通知总干事，该通知书应于收到之日生效。这类国家在上述期限届满前应视为大会和成员国会议的成员。 |
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| (b) Upon expiration of this five-year period, such States shall have no right to vote in the General Assembly, the Conference, and the Coordination Committee.
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| （二）当该五年期限届满时，这类国家在大会、成员国会议和协调委员会中不应再有表决权。 |
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| (c) Upon becoming party to this Convention, such States shall regain such right to vote.
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| （三）这类国家在成为本公约当事国后，应再度得到表决权。 |
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| (3)
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三、 |
| (a) As long as there are States members of the Paris or Berne Unions which have not become party to this Convention, the International Bureau and the Director General shall also function as the United International Bureau for the Protection of Industrial, Literary and Artistic Property, and its Director, respectively.
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| （一）在巴黎联盟或伯尔尼联盟的成员国尚未全部参加本公约以前，国际局和总干事应分别兼管保护工业、文学和艺术产权联合国际局及其总干事的职责。 |
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| (b) The staff in the employment of the said Bureaux on the date of entry into force of this Convention shall, during the transitional period referred to in subparagraph (a), be considered as also employed by the International Bureau.
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| （二）该联合国际局任用的工作人员，自本公约生效之日起在上述（一）项所指的过渡期间，应被认为也是由国际局任用的。 |
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| (4)
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四、 |
| (a) Once all the States members of the Paris Union have become Members of the Organization, the rights, obligations, and property, of the Bureau of that Union shall devolve on the International Bureau of the Organization.
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| （一）一旦巴黎联盟所有成员国全部成为本组织成员后，该联盟事务局的权利、义务和财产应移交给本组织国际局。 |
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| (b) Once all the States members of the Berne Union have become Members of the Organization, the rights, obligations, and property, of the Bureau of that Union shall devolve on the International Bureau of the Organization.
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| （二）一旦伯尔尼联盟所有成员国全部成为本组织成员后，该联盟事务局的权利、义务和财产应移交给本组织国际局。 |
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NEW CONTRIBUTION SYSTEM
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| The Governing Bodies of WIPO and the Unions administered by WIPO adopted with effect from January 1, 1994, a new contribution system that replaces the contribution system set forth in Article 11(4)(a), (b) and (c) of the WIPO Convention, Article 16(4)(a), (b) and (c) of the Paris Convention, Article 25(4)(a), (b) and (c) of the Berne Convention and the corresponding provisions of the Strasbourg (IPC), Nice, Locarno and Vienna Agreements. Details concerning that system may be obtained from the International Bureau of WIPO.
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