The headquarters of the Organization shall be at Geneva.
(2)
Its transfer may be decided as provided for in Article 6(3)(d)
and Article (6)(3)(g).
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.
(2)
(a)
The budget of expenses common to the Unions shall include
provision for expenses of interest to several Unions.
(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;
(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;
(iii)
sale of, or royalties on, the publications of the International
Bureau not directly concerning any of the Unions;
(iv)
gifts, bequests, and subventions, given to the Organization,
except those referred to in paragraph (3)(b)(iv);
(v)
rents, interests, and other miscellaneous income, of the
Organization.
(3)
(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.
(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;
(iii)
sums received for services rendered by the International
Bureau in the field of legal-technical assistance;
(iv)
gifts, bequests, and subventions, given to the Organization
for the purposes referred to in subparagraph (a).
(4)
(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 follows:
Class A .... 10
Class B ...... 3
Class C ...... 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.
(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.
(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.
(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.
(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.
(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.
(8)
(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.
(b)
The amount of the single payment of each Union and its possible
participation in any increase shall be decided by its Assembly.
(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.
(9)
(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.
(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.
(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.
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.
(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.
(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.
(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 in paragraphs (2) and (3).
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.
(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.
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:
(i)
signature without reservation as to ratification, or
(ii)
signature subject to ratification followed by the deposit
of an instrument of ratification, or
(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:
-
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,
-
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.
(3)
Instruments of ratification or accession shall be deposited
with the Director General.
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 in Article 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.
(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).
