(0)WOPCT:1001/0:
WIPO
INTERNATIONAL TREATIES
Patent Cooperation Treaty (PCT)
WOPCT
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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 in 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.

CHAPTER VII

REVISION AND AMENDMENT

Article 60

Revision of the Treaty

(1)
This Treaty may be revised from time to time by a special conference of the Contracting States.

(2)
The convocation of any revision conference shall be decided by the Assembly.

(3)
Any intergovernmental organization appointed as International Searching or Preliminary Examining Authority shall be admitted as observer to any revision conference.

(4)
Articles 53(5), (9) and (11), 54, 55(4) to (8), 56, and 57, may be amended either by a revision conference or according to the provisions of Article 61.

Article 61

Amendment of Certain Provisions of the Treaty

(1)
 

        (a) Proposals for the amendment of Articles 53(5), (9) and (11), 54, 55(4) to (8), 56, and 57, may be initiated by any State member of the Assembly, by the Executive Committee, or by the Director General.

        (b) Such proposals shall be communicated by the Director General to the Contracting States at least six months in advance of their consideration by the Assembly.

(2)

        (a) Amendments to the Articles referred to in paragraph (1) shall be adopted by the Assembly.

        (b) Adoption shall require three-fourths of the votes cast.

(3)

        (a) Any amendment to the Articles referred to in paragraph (1) shall enter into force one month after written notifications of acceptance, effected in accordance with their respective constitutional processes, have been received by the Director General from three-fourths of the States members of the Assembly at the time it adopted the amendment.

        (b) Any amendment to the said Articles thus accepted shall bind all the States which are members of the Assembly at the time the amendment enters into force, provided that any amendment increasing the financial obligations of the Contracting States shall bind only those States which have notified their acceptance of such amendment.

        (c) Any amendment accepted in accordance with the provisions of subparagraph (a) shall bind all States which become members of the Assembly after the date on which the amendment entered into force in accordance with the provisions of subparagraph (a).


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