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WIPO CRNR/DC/2 ORIGINAL: English DATE: August 30, 1996


DIPLOMATIC CONFERENCE
ON
CERTAIN COPYRIGHT AND NEIGHBORING RIGHTS QUESTIONS

Geneva, December 2 to 20, 1996


DRAFT RULES OF PROCEDURE OF THE DIPLOMATIC CONFERENCE

approved by the Preparatory Committee of the Diplomatic Conference
and noted with approval by the General Assembly of WIPO
and the Assembly of the Berne Union


Observations of the International Bureau

The first version of the draft Rules of Procedure was proposed by the Director General of WIPO to the Preparatory Committee of the Proposed Diplomatic Conference (December 1996) on Certain Copyright and Neighboring Rights Questions and was considered by that Committee in its meeting held in Geneva on May 20 and 21, 1996 (see document CRNR/PM/3).

The Preparatory Committee approved the draft Rules of Procedure as proposed to it, subject to the following four changes: First , it broadened the composition of the Steering Committee by also including the Vice-Presidents of the Conference (Rule 14(2)). Second , it decreased the number of Vice-Presidents (from 15) to 10 (Rule 15(1)). Third , it included a new provision on the right to vote by the European Community (see Rule 33(3); the paragraph containing this new provision appears within a pair of square brackets and its proviso within another pair of square brackets within the first pair of square brackets). Fourth , it decided that the information documents and summary minutes be distributed, whenever practicable, also in Arabic, Chinese, Russian and Spanish (Rule 43(2) and (3)(b)) (see document CRNR/PM/8, paragraphs 31 to 51).

Subsequently, the General Assembly of WIPO (at its eighteenth session (6th extraordinary)) and the Assembly of the Berne Union (at its nineteenth session (7th extraordinary)), in joint meetings held in Geneva on May 21 and 22, 1996, noted with approval the conclusions of the Preparatory Committee (document AB/XXVIII/3, paragraph 7).

Since the Basic Proposal (see document CRNR/DC/3) now contains provisions on a possible Assembly of the Contracting Parties, Rule 12(1) has been changed to refer not only to the final clauses but also to "any administrative... clauses."

All the above-mentioned changes are included in the Draft Rules of Procedure, as set out below.


DRAFT RULES OF PROCEDURE

Contents

CHAPTER I: OBJECTIVE, COMPETENCE, COMPOSITION AND SECRETARIAT OF THE CONFERENCE

Rule 1: Objective and Competence of the Conference

Rule 2: Composition of the Conference

Rule 3: Secretariat of the Conference

CHAPTER II: REPRESENTATION

Rule 4: Delegations

Rule 5: Observer Organizations

Rule 6: Credentials and Full Powers

Rule 7: Letters of Appointment

Rule 8: Presentation of Credentials, etc.

Rule 9: Examination of Credentials, etc.

Rule 10: Provisional Participation

CHAPTER III: COMMITTEES AND WORKING GROUPS

Rule 11: Credentials Committee

Rule 12: Main Committees and Working Groups

Rule 13: Drafting Committee

Rule 14: Steering Committee

CHAPTER IV: OFFICERS

Rule 15: Officers and their Election; Precedence Among Vice Presidents and Vice Chairmen

Rule 16: Acting President; Acting Chairman

Rule 17: Replacement of the President or the Chairman

Rule 18: Vote by the Presiding Officer

CHAPTER V: CONDUCT OF BUSINESS

Rule 19: Quorum

Rule 20: General Powers of the Presiding Officer

Rule 21: Speeches

Rule 22: Precedence in Receiving the Floor

Rule 23: Points of Order

Rule 24: Limit on Speeches

Rule 25: Closing of List of Speakers

Rule 26: Adjournment or Closure of Debate

Rule 27: Suspension or Adjournment of the Meeting

Rule 28: Order of Procedural Motions; Content of Interventions on Such Motions

Rule 29: Basic Proposal; Proposals for Amendment

Rule 30: Decisions on the Competence of the Conference

Rule 31: Withdrawal of Procedural Motions and Proposals for Amendment

Rule 32: Reconsideration of Matters Decided

CHAPTER VI: VOTING

Rule 33: Right to Vote

Rule 34: Required Majorities

Rule 35: Requirement of Seconding; Method of Voting

Rule 36: Conduct During Voting

Rule 37: Division of Proposals

Rule 38: Voting on Proposals for Amendment

Rule 39: Voting on Proposals for Amendment on the Same Question

Rule 40: Equally Divided Votes

CHAPTER VII: LANGUAGES AND MINUTES

Rule 41: Languages of Oral Interventions

Rule 42: Summary Minutes

Rule 43: Languages of Documents and Summary Minutes

CHAPTER VIII: OPEN AND CLOSED MEETINGS

Rule 44: Meetings of the Conference and the Main Committees

Rule 45: Meetings of Other Committees and of Working Groups

CHAPTER IX: OBSERVER DELEGATIONS AND OBSERVER ORGANIZATIONS

Rule 46: Status of Observers

CHAPTER X: AMENDMENTS TO THE RULES OF PROCEDURE

Rule 47: Possibility of Amending the Rules of Procedure

CHAPTER XI: FINAL ACT

Rule 48: Signing of the Final Act


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