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| >>>CHARTER OF SHENZHEN PATENT ASSOCIATION |
The Charter of Shenzhen Patent Association
Chapter I General Rule
1 The Chinese name of our association is stipulated as “深圳市专利协会”, and the English one is “Shenzhen Patent Association”，which is shorted as“SZPA”.
2 The nature of our association: A non-profitable social organization which are voluntarily formed by all patent agencies, all the enterprises who own the patent, all the individual who owns the patent and all the units or individual that is engaged in the fields of patent management, patent brokerage or patent evaluation within Shenzhen territory.
3 The purpose of our association: Guided by important thoughts of “Three Represents” to make our patent work developed healthily, to make great efforts to maintain legal rights & interests of our members, to strengthen the intercommunication among members, to closely connect the relationship among the enterprises, the agencies and the government, to provide better patent service for the enterprises and the society, and to contribute our best to construct “harmonious Shenzhen, beneficial Shenzhen”.
4 For business issue, our governing body is Shenzhen Guild Service Office meanwhile we are also under supervision of association registration management body – Shenzhen Civil Affairs Bureau and guidance of Intellectual Property Office of Shenzhen Municipality.
5 The location of our association: Room 1102, Technology Building, 1001 Shangbu Central Road, Shenzhen, Guangdong, P.R. China.
Chapter II Business Scope
6 The business scope of our association:
6.1 To engage in propaganda & popularization the knowledge of the intellectual property rights as well as its relevant laws, legislations and policies so that the intellectual property rights consciousness of the whole society could be improved;
6.2 To provide the members various services such as patent application consultation, patent information inquiry, patent technique transfer, etc;
6.3 To offer the members legal, technique consultation services in related to patent and intellectual property rights, to hold all sorts of intellectual property rights training classes to enhance the business level of patent workers and facilitate the development of enterprise patent work;
6.4 To take advantage of legal weapon and assists the members to intercede patent dissension so that the technology innovation fruit and intellectual property of the enterprise could be protected;
6.5 To organize the members to take part in experience intercourse & co-op at home and abroad and to enhance patent work all-together;
6.6 To accept related business consigned by government relevant department and get it done well.
6.7 To actively develop the member quantity and widely solidify all the units or individual who has enthusiasm for patent work within Shenzhen.
Chapter III Member
7 There are two kinds of members- Unit member and Individual member: Citywide patent agencies, enterprise, individual and all the units or individual who is engaged in the work of patent management, patent agent and patent evaluation.
8 One who wants to apply to join our association should be qualified with below conditions:
8.1 To advocate the charter of our association;
8.2 To desire to join our association;
8.3 To have influence in the business field of our association under certain extent.
9 The procedure of join our association is:
9.1 To submit application form of enrollment;
9.2 To be examined and passed by the secretariat.
10 The member owns the below rights:
10.1 To have the suffrage, right to be elected and the superintendence of our association;
10.2 To participate in the activities organized by our association;
10.3 To obtain the priority of our service;
10.4 To have the right to criticize, suggest or supervise our work;
10.5 To enroll voluntarily and quit the association freely
11 The member needs to carry out below obligations:
11.1 To conduct the resolution of our association;
11.2 To maintain legal rights and interests of our association;
11.3 To fulfill all the tasks consigned by our association;
11.4 To render association fee by the regulation;
11.5 To reflect and offer relevant information to our association.
12 The member who wishes to quit should inform the association in written form. And the member who fails to render association fee or fails to take part in our activities for more than 1 year could be regarded as quit the association automatically.
13 The member who seriously violates our charter will be removed its name from the rolls after the executive board takes a vote and gets the resolution passed.
Chapter IV Organizational Structure & Appointment/Removal of the Person-in-Charge
14 The highest organ of our association is its council. (i.e. general meeting). The authorities of the council are:
14.1 Draft and amend the charter;
14.2 Election & removal of the member of the executive board;
14.3 To take an audit on the working report & financial report of the executive board;
14.4 To determine termination issue;
14.5 To determine the other important issues.
15 The council can only be held unless a two third majority of the council members present at the meeting. And its resolution could become effective conditioned that more than half of the council members present at the meeting get the resolution passed.
16 The council shall meet every 2 year. For special case when it’s required the meeting should be held in advance, take extension or transfer to another term of office, it should be get through by the executive board and report to governing body for examination meanwhile get approval from association registration managing body. And the extension or transfer can’t be surpassed 1 year.
17 The executive board is the executive body of the council, whose major function is to lead our association to carry out day-to-day operation during close meeting period and be responsible for the council.
18 The authorities for the executive board:
18.1 To carry out the resolution of the council;
18.2 Election & removal of a Chairman, a Vice-Chairman & a Secretary-General.
18.3 Preparation & calling for the council;
18.4 To make work report & financial report for the council;
18.5 To determine the appointment or removal of the members;
18.6 To determine whether to set up operative body, division, representative body or entity body;
18.7 To lead our association & all relevant bodies to carry out work;
18.8 To establish internal management system;
18.9 To determine other important issues.
19 The executive board could only be called when there are more than half of executive council members present at the meeting. And the resolution could only be taken effected when it’s voted and approved by more than half of council members present at the meeting.
20 The executive board calls the meeting at least once a year. Under special case, it can also be called on by the form of communication.
21 The Chairman, Vice-Chairman and Secretary-General of our association should be qualified with below conditions:
21.1 To persist in the route, guideline, policy of our party and has a good political qualification;
21.2 To have certain influence in the business field of our association;
21.3 The oldest reigning age for the Chairman, Vice-Chairman and Secretary-General should not surpass age 65;
21.4 To be healthy and be able to work;
21.5 Never suffer from any criminal punishment like depriving political rights;
21.6 To have fully civil behavior ability.
22 Should the age of either the Chairman, or Vice-Chairman or Secretary-General surpassed the stipulated oldest reigning age, it must be firstly get through by the executive board then report to governing body for examination meanwhile get approval from association registration managing body.
23 The patriarchate for each term of office of the Chairman, Vice-Chairman & Secretary-General is 2 year. The longest patriarchate for the Chairman can’t be surpassed two terms of office, under special case that an term of extension is highly required, it must be passed by a two third majority of executive board members, then report to governing body for examination meanwhile get approval from association registration managing body.
24 The Chairman of our association is our artificial person. Meanwhile he/she can’t act as the artificial person of any other association.
25 The Chairman of our association should engage in:
25.1 Calling on or preside the council (or the executive board);
25.2 Verifying execution of the resolution passed by the member congress, council (or the executive board);
25.3 Signing relevant important document on behalf of our association.
26 The Secretary-General of our association should engage in:
26.1 Presiding the operative body to carry out day-to-day operation and actualize the annual working plan;
26.2 Coordinating every division, representative body and entity body to carry out work;
26.3 Nominating Deputy Secretary-General and all the person-in-charge of every operative body, division, representative body & entity body meanwhile submit for the decision of the council or the executive board;
26.4 Determining full time employee recruitment of the operative body, representative body and entity body;
26.5 Dealing with other routine matter.
27 Based on work requirement, our association can engage Advisor and Honorary Chairman. The Advisor should be the kind of person who is familiar with the patent work, has good reputation and can guide the work of our association. The Honorary Chairman should be the kind of person who has contributed a lot for our work.
Chapter V Principal of Asset Management & Usage
28 Our association fund sources from:
28.1 The association fee;
28.2 Donation;
28.3 Government financial assistance;
28.4 The income from activities or service within approving business scope;
28.5 The interest;
28.6 Other legitimate incomes.
29 Our association receives member fee according to the country relevant regulation.
30 Our association fund must be adopted for business scope & profession development within this charter, and can’t be allotted among members.
31 Our association sets up strict financial management system to assure the legality, reality, nicety and integrity of accounting data.
32 Our association equips with qualified accountant. The accountant can’t act as cashier at same time. The accountant must proceed with accounting verification & accounting surveillance. Whenever the accountant needs to transfer or resign from the existing post, he/she must have a thorough taking-over formality and accept relevant auditing.
33 The asset management of our association should be proceeded with the financial management system stipulated by the country and accept the surveillance from the member congress and financial department. The part of fund comes from the country appropriate funds or social donation or imbursement must be supervised by the auditing authority and publicize the relevant status to the society in a proper mode.
34 Before the subrogation of our association or alteration of the artificial person, it must be go through the financial audit organized by the association registration managing body or business governing body.
35 For the asset of our association, it can’t be seized, allotted privately or defalcated by any unit or the individual.
36 For the wage, insurance and welfare treatment of our association’s full-time employee, it will be followed by the country’s relevant regulation.
Chapter VI Amendment Procedure of the Charter
37 Any amendment of our association charter, it must be passed by the executive board then report for deliberation of the council.
38 Within 15 days after the approval from the council, the amended charter could only be taken effected after the examination & approval from the governing body meanwhile reports to association registration managing body and get its approval.
Chapter VII Termination Procedure & Asset Disposal after Termination
39 It will be the council or the executive board that brings forward the termination motion whenever our association accomplish the purpose or need dissolution freely or need to be wrote off by other reason like schism or combination, etc.
40 Our association termination motion should be passed by the member congress and report to the governing body for examination and approval.
41 Before the termination of our association, a liquidation organization should be set up under the guiding of the governing body and relevant authority, whose major function will be cleaning up creditor’s right and liability, dealing with subsequent issues. During the liquidation period, except for liquidation, no other activity is allowed.
42 The termination is taken effected when our association fulfills the logout formality via association registration managing body.
43 According to country legislation, the surplus asset left by termination of our association should be adopted to develop the relevant profession related to our tenet under the supervision of the governing body and the association registration managing body.
Chapter VIII Supplementary Articles
44 The said charter was voted and passed by the council held on April 6th, 2005.
45 The interpretation right of this charter is belonged to the executive board of our association.
46 The said charter was interred into force as of its adoption by the day when the association registration managing body approves it.
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