Patent Cooperation Treaty; with Regulations in the United States

Article 57
Finances

(1)(a) The Union shall have a budget.

(b) The budget of the Union shall include the income and expenses proper
to the Union and its contribution to the budget of expenses common to the
Unions administered by the Organization.

(c) Expenses not attributable exclusively to the Union but also to one or
more other Unions administered by the Organization shall be considered as
expenses common to the Unions. The share of the Union in such common
expenses shall be in proportion to the interest the Union has in them.

(2) The budget of the Union shall be established with due regard to the
requirements of coordination with the budgets of the other Unions
administered by the Organization.

(3) Subject to the provisions of paragraph (5), the budget of the Union
shall be financed from the following sources:

(i) fees and charges due for services rendered by the International
Bureau in relation to the Union;
(ii) sale of, or royalties on, the publications of the International
Bureau concerning the Union;
(iii) gifts, bequests, and subventions;
(iv) rents, interests, and other miscellaneous income.

(4) The amounts of fees and charges due to the International Bureau and the
prices of its publications shall be so fixed that they should, under normal
circumstances, be sufficient to cover all the expenses of the International
Bureau connected with the administration of this Treaty.

(5)(a) Should any financial year close with a deficit, the Contracting
States shall, subject to the provisions of subparagraphs (b) and (c), pay
contributions to cover such deficit.

(b) The amount of the contribution of each Contracting State shall be
decided by the Assembly with due regard to the number of international
applications which has emanated from each of them in the relevant year.

(c) If other means of provisionally covering any deficit or any part
thereof are secured, the Assembly may decide that such deficit be carried
forward and that the Contracting States should not be asked to pay
contributions.

(d) If the financial situation of the Union so permits, the Assembly may
decide that any contributions paid under subparagraph (a) be reimbursed to
the Contracting States which have paid them.

(e) A Contracting State which has not paid, within two years of the due
date as established by the Assembly, its contribution under subparagraph
(b) may not exercise its right to vote in any of the organs of the Union.
However, any organ of the Union may allow such a State to continue to
exercise its right to vote in that organ so long as it is satisfied that
the delay in payment is due to exceptional and unavoidable circumstances.

(6) If the budget is not adopted before the beginning of a new financial
period, it shall be at the same level as the budget of the previous year,
as provided in the financial regulations.

(7)(a) The Union shall have a working capital fund which shall be
constituted by a single payment made by each Contracting State. If the fund
becomes insufficient, the Assembly shall arrange to increase it. If part of
the fund is no longer needed, it shall be reimbursed.

(b) The amount of the initial payment of each Contracting State to the
said fund or of its participation in the increase thereof shall be decided
by the Assembly on the basis of principles similar to those provided for
under paragraph (5)(b).

(c) The terms of payment shall be fixed by the Assembly on the proposal
of the Director General and after it has heard the advice of the
Coordination Committee of the Organization.

(d) Any reimbursement shall be proportionate to the amounts paid by each
Contracting State, taking into account the dates at which they were paid.

(8)(a) In the headquarters agreement concluded with the State on the
territory of which the Organization has its headquarters, it shall be
provided that, whenever the working capital fund is insufficient, such
State shall grant advances. The amount of these advances and the conditions
on which they are granted shall be the subject of separate agreements, in
each case, between such State and the Organization. As long as it remains
under the obligation to grant advances, such State shall have an ex officio
seat in the Assembly and on the Executive Committee.

(b) The State referred to in subparagraph (a) and the Organization shall
each have the right to denounce the obligation to grant advances, by
written notification. Denunciation shall take effect three years after the
end of the year in which it has been notified.

(9) The auditing of the accounts shall be effected by one or more of the
Contracting States or by external auditors, as provided in the financial
regulations. They shall be designated, with their agreement, by the
Assembly.

Article 58
Regulations

(1) The Regulations annexed to this Treaty provide Rules:
(i) concerning matters in respect of which this Treaty expressly refers
to the Regulations or expressly provides that they are or shall be
prescribed,
(ii) concerning any administrative requirements, matters, or procedures,
(iii) concerning any details useful in the implementation of the
provisions of this Treaty.

(2)(a) The Assembly may amend the Regulations.

(b) Subject to the provisions of paragraph (3), amendments shall require
three-fourths of the votes cast.

(3)(a) The Regulations specify the Rules which may be amended
(i) only by unanimous consent, or
(ii) only if none of the Contracting States whose national Office acts as
an International Searching or Preliminary Examining Authority dissents,
and, where such Authority is an intergovernmental organization, if the
Contracting State member of that organization authorized for that purpose
by the other member States within the competent body of such organization
does not dissent.

(b) Exclusion, for the future, of any such Rules from the applicable
requirement shall require the fulfillment of the conditions referred to in
subparagraph (a)(i) or (a)(ii), respectively.

(c) Inclusion, for the future, of any Rule in one or the other of the
requirements referred to ln subparagraph (a) shall require unanimous
consent.

(4) The Regulations provide for the establishment, under the control of the
Assembly, of Administrative Instructions by the Director General.

(5) In the case of conflict between the provisions of the Treaty and those
of the Regulations, the provisions of the Treaty shall prevail.

CHAPTER VI

DISPUTES

Article 59
Disputes

Subject to Article 64(5), any dispute between two or more Contracting
States concerning the interpretation or application of this Treaty or the
Regulations, not settled by negotiation, may, by any one of the States
concerned, be brought before the International Court of Justice by
application in conformity with the Statute of the Court unless the States
concerned agree on some other method of settlement. The Contracting State
bringing the dispute before the Court shall inform the International
Bureau; the International Bureau shall bring the matter to the attention of
the other Contracting States.