TNAG-1927-FCO40-2744-Future-of-Hong-Kong-Sino-British-Joint-Liaison-Group-sub-gro-1989 — Page 62

Notes on Article 11

125. Article 11 empowers the Assembly to amend certain provisions of the draft Treaty, thereby avoiding the need for a revision conference, and establishes the procedure pursuant to which amendment proposals shall be initiated and notified to the Contracting Parties, the majorities required to effect such amendments, and the procedure for the entry into force of amendments.

126. Ad paragraph (1): This paragraph enumerates the provisions of the draft Treaty which may be amended by the Assembly. Those provisions, and the reasons for empowering the Assembly to amend them, are as follows:

(a) The definitions of "microchip" and "layout-design (topography)" in items (i) and (ii), respectively, of Article 2. These definitions are of a technical nature. Since integrated-circuit technology is in rapid evolution, it would seem desirable to enable the Assembly to adapt the definitions of the technical subject-matter of protection to such evolution.

(b) Certain provisions concerning the Assembly in Article 9. Here, it would seem appropriate that the Assembly should have the power to make amendments to the provisions of the Treaty that affect the costs of participation of delegates, the delegation of voting rights and the periodicity of ordinary sessions, these being provisions that are of relatively secondary importance and that, in the light of experience, may require changes.

(c) The provisions concerning the International Bureau of WIPO. Again, it would seem desirable that the Assembly should have the power to make amendments to those provisions which govern the tasks of the International Bureau and the relationship of the International Bureau to the Assembly.

(d) As an alternative, which depends upon the adoption of a consultation and dispute-settlement mechanism, it is also provided that the Assembly may amend the provisions proposed as an alternative in Article 13bis concerning consultations and dispute resolution. Experience with consultation and dispute-resolution mechanisms in other bodies indicates that such mechanisms need to be adapted in response to the experience which Contracting Parties have in the use of the mechanisms. This experience is likely to highlight those areas in which additional provisions are required or in which deficiencies of short-comings become apparent.

In

127. Ad paragraph (2): Subparagraph (2)(a) permits amendment proposals to be initiated by either a Contracting Party or the Director General. accordance with subparagraph (2)(b), amendment proposals must be communicated by the Director General to the Contracting Parties at least six months in advance of their consideration by the Assembly.

128. Ad paragraph (3): This paragraph establishes two different majorities required for amendment, according to the provision of the Treaty which is to be amended. In the case of amendments to the definitions of "microchip" and "layout-design (topography)" (Article 2(i) and (ii)) and to the provisions relating to the Assembly (Article 9(1)(c) and (d), (3)(b) and (4)), a majority of four-fifths of the votes cast is required for adoption. In the case of amendments to the provisions relating to the International Bureau (Article 10(1)) and, if the corresponding alternative is adopted, consultation and dispute resolution (Article 13bis), a majority of three-fourths of the votes cast is required for adoption.