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Bye Laws of the Association

1. PAYMENT OF SUBSCRIPTIONS

  • 1.1 The Treasurer shall send a notice to each Member requesting payment of the annual subscription payable in respect of each calendar year (the "subscription year"). Each such notice shall be sent on or before 15 November of the year preceding the subscription year (the "preceding year") and shall require payment on or before 15 January of the subscription year.
  • 1.2 The Treasurer shall, in February of the subscription year, send a reminder to those Members whose annual subscription remains unpaid as at the date on which the reminder a sent. This reminder shall require payment by 31 March of the subscription year.
  • 1.3 The Treasurer shall, during the month of April of the subscription year, send a second reminder to those Members whose annual subscription remains unpaid as at the date on which the second reminder is sent. This reminder shall notify each such Member that if payment is not made by 15 May of the subscription year the Member’s name will be removed from the list of Members and he or she will cease to be a Member of the Association.
  • 1.4 Within 15 days after sending a second reminder to a Member, the Treasurer shall, in the case of a Member who has his or her principal place of business or employment in a Member State, send a copy of that reminder to the Member of the Membership Committee from that Member State and, if appropriate, ask him or her to contact the Member concerned. In the case of a Member who does not have his or her principal place of business or employment in a Member State, the Treasurer shall send a copy of the reminder to the Chairpersons of the Membership Committee and, if appropriate, ask him or her to contact either or both of the Member concerned and any Member who signed the application form of the Member concerned for membership of the Association.
  • 1.5 Any Member whose subscription remains unpaid on 16 May in the subscription year shall cease to be a Member of the Association.
  • 1.6 Any person who has ceased to be a Member pursuant to Bye-Law 1.5 shall only be readmitted to the membership of the Association pursuant to a resolution of the Council, who shall have power to impose on such person such financial conditions on re-admission to the membership as the Council thinks fit.
  • 1.7 In this Bye-Law 1 the term "Member" does not include an honorary or conference Member.

2. ECTA CODE OF CONDUCT

This Code contains general principles concerning the professional conduct of the Members of the Association, thus complementing the statues and By-laws of the Association. The conduct of all Members shall be governed by the provisions of this Code.

  • 2.1 Members shall carry out their professional activities honestly and courteously, as befits the dignity of the Association.
  • 2.2 Members shall not disclose confidential or private information received in the exercise of their professional activities, unless released from their obligations in this respect.
  • 2.3 Members shall maintain good relationships with other Members.
  • 2.4 Competition in professional matters shall be fair and honest. The comparison of Members’ services based simply upon price schedules shall not be regarded as fair competition.
  • 2.5 Members shall be responsible for prompt payment of their financial obligations.
  • 2.6 Where advertising of Members’ services is permitted, it shall be fair and honest and consist of information of a professional nature.
  • 2.7 Members shall not represent conflicting or opposing parties in a matter. Non-compliance with the provisions of any of these Bye-Laws may result in the expulsion of the Member from the Association.

3. DISCIPLINARY PROVISIONS

  • 3.1 A Member shall at all times comply with the Code of Conduct and such guidelines relating to such conduct as the Council of the Association shall from time to time determine and publish.
  • 3.2 A Member shall be responsible to the Council for the acts and defaults of any of his partners who are not Members of the Association and of his staff so far as such acts and defaults relate to matters within the scope of his practice as a Trade Mark Attorney.
  • 3.3 If any Member:
    • a. becomes bankrupt or insolvent or suspends payment or enters into any composition with his creditors generally, or
    • b. is found by any competent authority to have become of unsound mind, or
    • c. is convicted by any competent tribunal of any offence which in the opinion of the Disciplinary Committee (as defined in Bye-Law 3.5 below) renders him unfit to be a Member of the Association, or
    • d. fails to comply with any of the regulations contained in these Bye-Laws or any regulations or decisions lawfully made by the Council or the Articles, or
    • e. is in the opinion of the Council guilty of dishonourable or disgraceful conduct, or in his conduct or business, acts in a manner detrimental to the interests of the Association or unbecoming the character of a Member, the Council shall have the power, using the procedure set out in the following Bye-Laws, to expel a Member from membership or to suspend all or any of his rights of membership or to call for and accept his resignation, or to reprimand him.
  • 3.4 The Council shall appoint every two years from among its Members, a Disciplinary Committee consisting of not less than four Members, each from different Member States, of whom three shall form a quorum, for the purpose of investigating and considering questions of professional practice generally and cases of alleged misconduct. All such cases shall be notified for investigation and consideration by the Disciplinary Committee in the first instance and, if the said Committee believes there to be substance in the case, it shall refer the case to the Council for a decision by the Council.
  • 3.5 In the case of a Member whose conduct is referred to the Council by the Disciplinary Committee under subparagraph (a), (c), (d) or (e) of Bye-Law 3.3 above, if the Council also considers there to be substance in the case, the Council shall convene a meeting of the Council specifying its intention to consider the case. The Council shall give to the Member concerned notice of the meeting of the Council and the Member shall be entitled either by himself or by some other Member appointed by him in Writing or by or with an Attorney and/or Counsel representing him to appear at such meeting of the Council and to be heard or to have the persons as aforesaid (if any) representing him heard there at or to make written representations in explanation of his conduct. The Disciplinary Committee and the Council may appoint an Attorney and/or Counsel to attend and advise the said Committee and the Council both before and at their respective meetings.
  • 3.6 The meeting of the Council referred to in Bye-Law 3.5 must:
    • a. be convened with notice to consider the case, and
    • b. be attended in person by not less than one half of the Members of the Council.
  • 3.7 Any resolution of the Council relating to the case shall specify which of the subparagraphs of Bye-Law 3.3 constitutes the ground of the resolution and shall be passed by a majority of not less than 3/4th of those present and voting. If the Resolution is not passed by the requisite majority, the Council shall be at liberty to direct that no minute thereof be recorded and that any reference thereto already entered in any minutes be expunged.
  • 3.8 Any decision of the Council taken in accordance with Bye-Law 3.6 shall not prevent the Association from recovering any arrears of subscription or other moneys due from the Member to the Association.
  • 3.9 The Council may in its absolute discretion and in such manner as it thinks fit notify or cause to be notified to the public the fact that any Member has been expelled or has ceased to be a Member and the name of such Member. No action or other proceedings shall under any circumstances be maintainable by the person referred to in such notification against the Council publishing or circulating the same.
  • 3.10 Any dispute, controversy or claim arising under, out of or relating to a decision of the Council under these Disciplinary Provisions shall be referred to and finally determined by arbitration in accordance with the WlPO Expedited Arbitration Rules. Unless otherwise agreed, the place of arbitration shall be Brussels and the language to be used in the arbitral proceedings shall be English. The dispute, controversy or claim shall be decided in accordance with the laws of England.

4. CONFERENCE MEMBERS

  • 4.1 Conference Members are Members of ECTA only for the period starting with the date of their approval in accordance with Bye-Law 4.3 below and ending at the end of the calendar year of the conference for which they registered.
  • 4.2 Unless and until they become Members of ECTA in another category in accordance with the usual rules and procedures of ECTA, Conference Members have no right to vote, and no right to receive any papers or information published by ECTA other than the conference papers of the conference for which they registered.
  • 4.3 Conference Members shall be accepted as Conference Members of ECTA as soon as their conference registration form has been approved by the Secretary General.
  • 4.4 At the same time as Conference Members pay the registration fee for the annual conference they wish to attend, they shall pay the annual subscription payable by Members of ECTA in accordance with Article 11, which will be included in the total registration fee they are asked to pay, and if, within the year to which such annual fee relates, a Conference Member becomes a Member of ECTA in another category, no further annual subscription shall be payable by him or her for that year.