RULES AND REGULATIONS
I. GOVERNING RULES AND REGULATIONS The present Rules and Regulations govern the membership and activities of the International Association for the Protection of Intellectual Property – India Group (hereinafter referred to as “the India Group”), and the same must be read further to and in conjunction with the Statutes of International Association for the Protection of Intellectual Property (AIPPI). In case of any contradiction or inconsistency, the Statutes of AIPPI will prevail and govern the activities of the India Group.


II. INTERPRETATION
  • In these Rules and Regulations:
    • “The Act” means the Societies Registration Act, 1860.
    • “The seal” means the common seal of the India Group.
       
  • Unless the context otherwise requires, words or expressions contained in these Rules and Regulations shall bear the same meaning as in the Act or any statutory modification thereof in force at the date at which these regulations become binding on the India Group.

III. EXECUTIVE COMMITTEE The Executive Committee shall have at least 8 but not more than 12 members, as determined by the Executive Committee from time to time. For the present, the Executive Committee shall consist of 12 members.

The Executive Committee of the India Group shall have the following members:
  • President
  • Four Vice-Presidents – one for each region
  • Secretary
  • Joint Secretary
  • Treasurer
  • Four Ordinary Members
All the members of the Executive Committee shall be eligible for re-election.

The composition of the Executive Committee may be altered as per the decision of two-thirds majority of the members of Executive Committee.

Every year a list of the members of the Executive Committee shall be filed in the office of the Registrar of Societies as required under Section 4 of the Societies Registration Act, 1860.


IV. MEMBERSHIP OF THE INDIA GROUP The membership of the India Group would be open to:
  • Lawyers – whether or not they are in active practice
  • Corporations / Firms / Associations
  • Academicians
  • Students
  • Any individual not included in the above categories having an interest in any field of activity as set out in the Statutes of AIPPI, irrespective of professional activity or affiliation.

    Provided that the abovementioned are interested in the objects of the India Group and are having their professional or business or academic activity or place of residence principally in India.
All members of the India Group shall be members of AIPPI.2


V. OBJECTIVES The India Group shall have the following objectives:
  • To promote the aims and objectives of AIPPI as set out in Article 2 of the Statutes of AIPPI at a national level and to take all necessary steps to further the said pursuit.
  • To develop and maintain contacts with the national organizations which have an interest in intellectual property issues, including but not limited to government organizations, lawyers, law firms, industry organizations, etc. and/ or which are responsible for intellectual property matters3;
  • Keeping such organizations informed on a regular basis about the India Group’s activities of relevance to them;
  • To work in conjunction with other national and regional Groups of AIPPI as well as other international organisations having similar objectives as that of AIPPI;
  • To hold meetings of the India Group;
  • To encourage members to attend the meetings of the India Group as well as the annual AIPPI World Congress and play an active role in working towards the present aims and objectives;
  • To increase the membership of the India Group by encouraging new members to join the India Group;
  • To organize events such as seminars, workshops, lectures and conduct other such activities on a regular basis to further the aims and objectives of AIPPI as set out in Article 2 of the Statutes of AIPPI.
  • To present an Annual Report to members listing the activities, progress, decisions, etc. of each calendar year of the India Group and to share a copy of the said Annual Report with the AIPPI Secretariat.

VI. POWERS, DUTIES AND FUNCTIONS OF THE EXECUTIVE COMMITTEE In furtherance and not in limitation of and without prejudice to the general powers conferred by the Act, it is hereby expressly declared that the Executive Committee shall be entrusted with and shall exercise and perform the following powers, duties and functions:
  • The members of the Executive Committee shall collectively and individually take all steps necessary to further the aims and objectives of the India Group as set out in Clause V, Paragraph 10 of the present Rules and Regulations.
  • It is desirable that the members of the Executive Committee attend the annual AIPPI World Congress and play an active role in the Study Committees and Question Groups of AIPPI.
  • The Executive Committee shall have the power from time to time to make such bye-laws, rules and regulations (not being inconsistent with the present Rules and Regulations or with any regulations or directions as may from time to time be determined upon or given at any meeting of the Executive Committee) for the internal management of the India Group and for the regulation of all the activities and concerns of the India Group as they shall think proper and from time to time to attend or cancel any bye-laws, rules and regulations for the times being in force and to appoint and dismiss the staff and other employees of the India Group.
  • The Executive Committee shall have the power to purchase, take on lease or in exchange or hire or otherwise acquire for the purpose of the India Group any movable or immovable property and in particular, furniture, fittings, books, newspapers, periodicals, apparatus, appliances and conveniences which the Executive Committee may think necessary for the purpose of the India Group and to sell or dispose of the same, any right or privileges which the Executive Committee may think necessary for the purposes of the activities of the India Group.
  • The Executive Committee shall have the power to make arrangements for payment and discharge of all outstanding liabilities of the India Group as they may from time to time consider necessary.
  • With the sanction of three-fourth of the members of the India Group present at any annual general meeting to be called for the purpose to borrow or raise any money required for the purpose of the India Group in such manner as the India Group may think fit and in particular by the issue of debentures or otherwise charged upon any of the India Group’s property both present and future including the sum not culled on the guarantee of each member or by issue of bills of exchange, promissory notes or other obligations or securities of the India Group or by mortgage or charge of all or any of the property or assets of the India Group.
  • The Executive Committee shall have the power to open banking account or accounts and to operate thereon and for such purpose to empower members of the Executive Committee or any of its office-bearers individually or jointly to operate such accounts and to draw, accept, endorse or otherwise give discharge to cheques, bills of exchange, promissory notes and other negotiable instruments.
  • The Executive Committee shall have complete control over the employees of the India Group including their appointment, leave or discharge.
  • The Executive Committee shall have complete control over the finance of the India Group, and shall be empowered to utilize and spend the same in the promotion of the interest of the India Group.
  • The Executive Committee shall have the power to constitute one or more sub-committees to carry out any task allotted to it, or to promote the interests of the India Group.
  • All acts done by any meeting of the Executive Committee or of a sub-committee thereof, or by any person acting as a member of the Executive Committee or sub-committee shall notwithstanding, that it may be afterwards discovered that there was some defect in the appointment of any or more of such members of the Committee or of any person acting as aforesaid or that they or any of them were disqualified, be treated as valid as if every such member of the Committee or sub-committee was duly appointed.

VII. ANNUAL GENERAL MEETING OF THE INDIA GROUP There shall be an Annual General Meeting within six months after the close of every accounting year, in which all the members, including members of the Executive Committee, would ensure their presence. The business at the said meeting shall be to adopt the Annual Reports and Accounts, the election of fresh members of the Executive Committee and to appoint the auditors, fixing their remuneration, if any, and to arrange any other business as may be permissible under the law, provided that not more than fifteen months shall elapse between the date of one Annual General Meeting and that of the next.

One third members entitled to vote personally present shall be a quorum for the General Annual Meeting of the India Group.

If the quorum is not formed within one hour of the time fixed for the meeting, unless it has been called on a requisition of members of the India Group, the meeting shall stand adjourned for the same time and place the next day. At the adjourned meeting the members present shall be competent to form the quorum. Provided, however, that if the meeting had been called on a requisition of members and the quorum is not formed within one hour of the time fixed for the same, the meeting shall stand dissolved.

Members wishing to move any resolution at an Annual General Meeting should give notice of the same to the Secretary so as to reach him at least 8 days prior to the date of the meeting.

All returning members of the Executive Committee should be notified to the Secretary at least 14 days prior to the date of the Annual General Meeting, and such nominations should be proposed and seconded, accompanied by the consent of the nominee. This time limit of 14 days can be waived at discretion of the President. In case of re-nomination to the Executive Committee, the nomination papers may not be accompanied by the consent of the nominee.

If the President of the India Group is unable to attend a annual general meeting or any meeting of the Executive Committee, he would be represented by one of the Vice-Presidents.

The Ordinary Members shall submit in advance a draft proposal of the topics of discussion/ agenda for the annual general meeting to the Executive Committee, for its approval.

At least 21 days’ notice of each meeting shall be given to members together with the agenda of the meeting.

The President may, after consulting the Executive Committee, invite persons not belonging to the India Group to the annual general meeting as observers/ listeners or speakers
The Secretary shall, after consulting the Executive Committee, decide the venue for the annual general meeting.

The Ordinary Members shall share a Report, including minutes, of each annual general meeting with the Executive Committee, who, after incorporating their inputs, shall forward it to all the members as well as to the AIPPI Secretariat.


VIII. EXTRA-ORDINARY GENERAL MEETING OF THE INDIA GROUP All general meetings other than Annual General Meetings shall be called Extra-Ordinary General Meetings.

The Executive Committee shall on the requisition of not less than one-tenth of the total number of members entitled to vote, specifying the purpose of the meeting, hold an Extra-Ordinary General Meeting within 45 days of the date of the receipt of the requisition.

The rules prescribed for Annual General Meetings will apply to the Extra-Ordinary General Meeting also.


IX. MEETINGS OF THE EXECUTIVE COMMITTEE OF THE INDIA GROUP A meeting of the Executive Committee shall take place at the discretion of the President at least once in every two months. All the members of the Executive Committee would ensure their presence.

The President shall convene a meeting of the Executive Committee if requested to do so by at least 6 members of the Executive Committee.

A notice of at least 15 days shall ordinarily be given for convening a meeting of the Executive Committee.

The Secretary shall decide the venue for the meeting of the Executive Committee.

Any 6 members of the Executive Committee shall be necessary to constitute a quorum for the transaction of business. Every member of the Committee shall have 1 vote and in the event of equality of votes, the President shall have the second or the casting vote.

In the absence of the President, a Vice President shall preside over the Executive Committee meetings.

The Vice Presidents, in consultation with the President, shall decide the agenda for the meeting and share the same with the members of the Executive Committee in advance.

Save as otherwise expressly provided in the Act, or in these Rules and Regulations, questions arising at any meeting of the Executive Committee shall be decided by a majority of votes.

A notice of at least 21 days shall be given to the members together with the agenda of the meeting.


X. VOTING Decisions in the Executive Committee, Annual General Meeting and meeting and Extra-Ordinary General Meeting shall be by majority.

In all General Meetings each person present and entitled to vote shall have only one vote. Voting shall ordinarily be by show of hands, or by ballot if so desired by at least five members present. In an Executive Committee meeting each member present shall have one vote and any one member present can demand a ballot. The President shall have a casting vote in case of a tie. The President’s decision in all meetings shall be final.


XI. AUDIT The India Group shall at each Annual General Meeting appoint an Auditor or Auditors to hold office from the conclusion of that meeting until the conclusion of the next General Meeting.

The remuneration of the Auditors of the India Group shall be fixed by the India Group in the Annual General Meeting or in such manner as the India Group in the General Meeting may determine.

The Executive Committee shall fill any casual vacancy in the office of an Auditor.


XII. COMMON SEAL The India Group shall have a common seal and the Executive Committee shall provide for the safe custody of the seal of the India Group which will not be used except by the authority of a resolution of the Committee and in the presence of at least two members of the Committee and the Secretary or some other persons appointed for the purpose by the Committee.

Every instrument to which the seal is affixed shall be signed by at least two members, and by the Secretary or the person so appointed by the Committee for that purpose.


XIII. NOTICE A notice may be given by the India Group to any member either personally or by sending it through the post under certificate of posting at his address or by e-mail.

Any notice, if served by post, shall be deemed to have been served at the time when the same would be delivered in the ordinary course of post, and in proving such service, it shall be sufficient to prove that the notice was properly addressed, pre-paid and posted.

Notice of every General Meeting shall be given in the manner hereinbefore authorized to
  • Every member of the India Group entitled to receive notice of the General Meeting;
  • To the Auditors of the India Group

    The signature on any notice to be given by the India Group may be written or printed.

XIV. LEGAL PROCEEDINGS The India Group may sue or be sued in the name of the President/ Secretary as per the provisions laid down under Section 6 of the Societies Registration Act, 1860, as applicable to Union territory of Delhi.


XV. AMENDMENTS Amendments (alteration, extension or abridgement) of the “purposes” (Aims and Objects) or change of name shall be as per Section 12 and 12(A) of the Societies Registration Act, 1860, as applicable to the Union Territory of Delhi.


XVI. DISSOLUTION If the India Group needs to be dissolved it shall be dissolved as per the provisions laid down under Sections 13 and 14 of the Societies Registration Act, 1860, as applicable to the Union Territory of Delhi.


XVII. ELECTIONS OF THE EXECUTIVE COMMITTEE The members of the Executive Committee shall be elected every three years at a annual general meeting. The election would be presided over by the President. The votes would be cast by show of hands and the members would be elected by a two-thirds majority of the number of member present and voting.

A quorum of the India Group shall exist when at least half of the members of the India Group are present during an election.

In case no nominee wins two-thirds majority for a position in the Executive Committee, the President shall exercise his/ her veto power.

When an election is scheduled, the Secretary shall inform the members and call for nominations / applications which must be sent to the Secretary at least 15 days before the scheduled date of the election.

In the event of death, resignation or inability of any Executive Committee member to perform his/her duties, the Secretary will propose to the Executive Committee a replacement for the post of the said member for the remaining term of office. In the event of death, resignation or inability of the Secretary to perform his/her duties, the President shall propose to the Executive Committee a replacement for the post of Secretary for the remaining term of office.

If a member of the Executive Committee is absent from three consecutive meetings of the Committee without leave of the Committee, his place on the Committee shall be ipso-facto vacated.


XVIII. MEMBERSHIP FEE The members shall pay to the India Group an annual membership fee, the amount of which is fixed by the Executive Committee of the India Group.

The Membership Fee will be deposited with the Treasurer who would assist the President in remitting the same to the Secretariat of AIPPI.

While it is desirable that the members pay the membership fee on an annual basis, however, if any member fails to pay the membership fee for a consecutive period of two years, a cumulative membership fee of the two years is required to be paid by the said member in order to continue his/her membership with the India Group.

The Executive Committee may prepare a fee segment keeping in mind the number of members and the category of the members which may include concessions for young practitioners (i.e. less than 36 years of age), students.

The Executive Committee may consider offering waiver of membership fee of 2 members of law firms/ corporates from where 5 members have availed of membership of the India Group.


XIX. TERMINATION OF MEMBERSHIP The membership of the members will be terminated upon non-payment of the membership fee for a consecutive period of two years.

The President shall exercise his veto power in respect of termination of membership of any member who in the considered opinion of the Executive Committee is found to be unfit for membership of the India Group.


XX. COORDINATION WITH AIPPI SECRATARIAT The President is responsible for coordination between the India Group and AIPPI and shall update AIPPI on a regular basis about the activities, including seminars, workshops, lectures, articles, etc. by the India Group, a record of which shall be maintained by the Executive Committee.

Certified that this is the true and correct copy of the Rules and Regulations of the India Group.
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