Berne: How the Union Is Administered, Articles 22 to 26

In one line

The Berne Union has the same administrative machinery as the Paris Union, run by the same International Bureau, and its administrative articles can be amended by its Assembly while its substantive articles cannot.

In exam wording: Articles 22 to 26 of the Berne Convention establish the Assembly of the Union, the Executive Committee, the International Bureau, the finances of the Union and the procedure for amending Articles 22 to 26, the substantive provisions being revisable only by a conference under Article 27 and only by unanimity.

The design point first

The Stockholm Act of 1967 gave Berne and Paris identical machinery on purpose, so that one Organization could serve both Unions. The chapter on the administration of the Paris Convention sets that machinery out article by article. This chapter therefore states what Berne has, names the three places where the wording differs, and does not repeat the Paris text.

Articles 22 to 26 in outline

Article 22, the Assembly, consisting of those countries of the Union bound by Articles 22 to 26, each with one vote, meeting in ordinary session once every second calendar year, with a quorum of one half and decisions by a two thirds majority of the votes cast. Its tasks are those of the Paris Assembly: the maintenance and development of the Union and the implementation of the Convention, directions to the International Bureau on revision conferences, review and approval of the Director General's reports, election of and review of the Executive Committee, the programme and biennial budget and final accounts, the financial regulations, committees of experts and working groups, admission of observers, amendment of Articles 22 to 26, and any other appropriate action.

Article 23, the Executive Committee, elected by the Assembly from among its members, with the country hosting the Organization holding an ex officio seat, its number corresponding to one fourth of the members of the Assembly, elected with due regard to equitable geographical distribution and to the representation of countries party to the special agreements made in relation with the Union. It prepares the Assembly's draft agenda, submits proposals on the draft programme and budget, submits periodical reports and accounts, and takes the measures necessary to execute the programme, meeting once a year, preferably alongside the Coordination Committee.

Article 24, the International Bureau, performing the administrative tasks, providing the secretariat of the organs of the Union, with the Director General as chief executive; assembling and publishing information on the protection of copyright, each country communicating its new laws promptly; publishing a monthly periodical; furnishing information on request; and conducting studies and providing services.

Article 25, finance, with the contribution classes running from class I at twenty five units to class VII at one unit at the time of the Paris Act, each country choosing its class on accession and free to change it, contributions due on the first of January, and a country whose arrears equal or exceed two full years' contributions losing its vote unless the organ is satisfied that the delay results from exceptional and unavoidable circumstances.