Chapter 1 General Provisions

Article 1

The full name of ACPAA is All-China Patent Attorneys Association, abbreviated as ACPAA.

Article 2 

ACPAA is a nationwide, professional and non-profit social association composed voluntarily by Chinese patent attorneys.

Article 3 

The objects of ACPAA shall be:

1) To unite members to be loyal to the undertaking of patent representation and strictly abide by the professional ethics and discipline;

2) To safeguard the interests of the profession and the legitimate rights and interests of members;

3) To reinforce the self-discipline of the profession, strengthen the rules of professional conduct, improve the service of patent representation and other related practice, and promote high-quality development of the patent representation profession, so as to build an intellectual property power, and make active contributions to accelerating the implementation of the innovation-driven development strategy, building a modern socialist country in all respects and advancing the rejuvenation of the Chinese nation on all fronts.

ACPAA abides by the Constitution, laws, regulations and national policies, practices the core socialist values, promotes patriotism, abides by social morality and consciously strengthens the construction of integrity and self-discipline.

Article 4

ACPAA upholds the overall leadership of the Communist Party of China. In accordance with the Constitution of the Communist Party of China, ACPAA establishes a Party branch, and carries out and supports the Party branch’s activities.  

Article 5 

ACPAA accepts the official instruction and supervision from the competent administration authority, China National Intellectual Property Administration, and the community registration authority, the Ministry of Civil Affairs of the People’s Republic of China.

Article 6 

The domicile of ACPAA is in Beijing.

Chapter 2 Functions

Article 7 

The functions of ACPAA include:

1) To maintain the normal order of the patent representation profession, support patent agencies and patent attorneys to practice in compliance with the law, and safeguard the profession’s interests and the legitimate rights and interests of members;

2) To formulate self-discipline rules and service standards of the profession, reinforce the self-discipline of the profession, conduct evaluation and disciplinary actions for members of ACPAA, and disclose the membership information as well as the results of evaluation and disciplining;

3) To organize patent agencies and patent attorneys to provide assistance services and carry out social welfare activities;

4) To guide patent agencies to conduct patent representation and related work;

5) To organize and develop the professional training, and the education of professional ethics and discipline;

6) To recommend patent attorneys to serve as litigation agents in accordance with relevant regulations of the State;

7) To advance the construction of the professional informatization, and instruct patent agencies to improve management systems and enhance the quality of patent representation service;

8) To develop international exchanges and communication within the patent representation profession;

9) To uphold and improve the social image and reputation of the profession, extend its service offerings and conduct undertakings compliant with relevant regulations;

10) To organize and develop academic exchanges and research activities, and facilitate the sharing of professional experiences;

11) To publicize the work of patent representation and publish the professional journal in accordance with relevant regulations;

12) To establish and promote a system of professional risks management;

13) To cultivate the professional culture of patent representation;

14) To undertake other matters commissioned by relevant government authorities; and

15) To perform other functions in compliance with the law.

Matters requiring prior approval in accordance with laws and regulations shall be conducted only after obtaining such approval.

Chapter 3 Membership

Article 8 

Members of ACPAA include institutional members and individual members.

Article 9

Applicants for membership of ACPAA must meet the following requirements:

1) Endorsing the Statutes of ACPAA;

2) Being willing to join ACPAA;

3) Having a certain influence within the profession;

4) The institutional members of ACPAA shall be patent agencies or local organizations of patent representation profession established in alignment with the law; and

5) The individual members of ACPAA include:

- practicing members, who are qualified and engaging in practice;

- non-practicing members, who hold qualifications but are not practicing.

Article 10

Procedures for the membership application are as follows:

1) Submission of an application;

2) Submission of relevant supporting documents;

3) Approval by the Council or the Standing Council; and

4) Issuance of membership certificates by the Council or its authorized agencies.

Article 11

Members enjoy the following rights:

1) The right to elect, be elected and vote;

2) Participation in activities of ACPAA;

3) Priority access to ACPAA’s services;

4) The right to criticize, supervise and provide suggestions regarding ACPAA’s work; and

5) The right to voluntarily join or freely withdraw from ACPAA.

Article 12

Members shall fulfill the following obligations:

1) To abide by the Statutes and implement ACPAA resolutions;

2) To safeguard the legitimate rights and interests of ACPAA;

3) To accept the guidance of ACPAA and fulfill tasks assigned by ACPAA;

4) To pay membership fees as required;

5) To provide ACPAA with relevant information and updates;

6) To complete training tasks and continuously enhance the quality of patent representation;

7) To abide by patent attorneys’ professional ethics and practice discipline as well as norms and standards of the patent representation profession;

8) To consciously defend the honor as a patent attorney and the reputation of the profession, and maintain the unity among members;

9) To actively provide patent representation assistance services and participate in social welfare activities;

Article 13

Members who withdraw from ACPAA shall submit a written notification and return their certificates.

Members who fail to pay fees or participate in ACPAA activities for one year shall be deemed to have withdrawn automatically.

Article 14

Members who seriously violate ACPAA’s regulations will be removed from the membership by the vote of the Council or the Standing Council.

Chapter 4 Structure and Leadership

Article 15

The supreme authority body of ACPAA is the General Assembly. The functions and powers of the General Assembly shall be:

1) To formulate and amend the Statutes;

2) To elect and dismiss the Council members;

3) To deliberate the work report and financial report of the Council;

4) To formulate and revise membership fee standards;

5) To decide on termination matters;    

6) To decide on other important matters.

Article 16 

The General Assembly shall be convened with the presence of over two-thirds member delegates, and its resolutions shall be adopted by a majority vote of the delegates present.

Article 17 

The General Assembly is held every four years. Under special circumstances, an early or postponed General Assembly shall be approved by the Council through voting, reported to the China National Intellectual Property Administration for review, and authorized by the Ministry of Civil Affairs of People’s Republic of China. The delay shall not exceed one year. 

Article 18 

The Council is the executive body of the General Assembly, responsible for ACPAA’s daily operations when the General Assembly is not in session. The Council is accountable to the General Assembly.

Article 19

The functions and powers of the Council shall be:

1) To implement the resolutions of the General Assembly;

2) To elect and dismiss the president, vice presidents, secretary general and Standing Council members;

3) To prepare the convening of the General Assembly;

4) To report working and financial conditions to the General Assembly;

5) To decide on the admission and exclusion of members;

6) To decide on the establishment, alteration and termination of administrative bodies, branches, representative bodies and entities;

7) To appoint deputy secretaries general and principal directors of bodies;

8) To lead the activities of ACPAA’s various bodies;

9) To establish an internal management system;

10) To determine honorary positions.

11) To decide on other important matters.

Article 20

The Council meetings shall require the attendance of over two-thirds of its members, and its resolutions shall take effect upon over two-thirds votes of present Council members.

Article 21 

The Council meetings shall be held at least once a year. Under special circumstances, the meetings can also be held via video or telephone conferencing.

Article 22

The Standing Council shall be elected by the Council and the number of the Standing Council members shall not exceed one-thirds of total Council members. The Standing Council performs the functions stipulated in Article 19 (1), (3), (5), (6), (7), (8), (9) and is accountable to the Council.

Article 23

The Standing Council meetings shall require the attendance of over two-thirds of its members, and its resolution shall take effect upon over two-thirds votes of present Standing Council members.

Article 24

The Standing Council meetings shall be held over twice a year. Under special circumstances, the meetings can also be held via video or telephone conferencing.

Article 25

The president, vice presidents and secretary general of ACPAA shall meet the following qualifications:

1) Abide by Party’s line, principles and policies and have good political qualities;

2) Have significant influence within the profession;

3) Be under the age of 70 years old, and the secretary general shall serve full-time;

4) Be healthy and capable of performing duties;

5) Have no criminal record involving deprivation of political rights;

6) Have full capacity for civil conduct.

Article 26

The president, vice presidents and secretary general exceeding the age limit may serve in their positions after being approved by the Council through voting, reported to the China National Intellectual Property Administration for review and authorized by the Ministry of Civil Affairs of the People’s Republic of China. 

Article 27

The president, vice presidents and secretary general shall serve four-year terms and may not serve more than two consecutive terms. The extension of terms under special circumstances shall take effect after being approved by over two-thirds votes of member delegates, reported to the China National Intellectual Property Administration for review and authorized by the Ministry of Civil Affairs of the People’s Republic of China.

Article 28

The legal representative of ACPAA is the president. Under special circumstances, the role may be assigned to a vice president or the secretary general, with the president’s recommendation, the Council’s approval, and the authorization from the China National Intellectual Property Administration and the Ministry of Civil Affairs of the People’s Republic of China.

The legal representative signs related documents on behalf of ACPAA.

The legal representative shall not simultaneously serve as the legal representative of other associations.

Article 29

The president of ACPAA exercises following functions and powers:

1) To convene and preside over the Council meetings and the Standing Council meetings;

2) To supervise the fulfillment of the resolutions of the General Assembly, Council and Standing Council.

Article 30

The secretary general of ACPAA exercises following functions and powers:

1) To preside over the secretariat to carry out daily work and implement annual work plans;

2) To coordinate with branch bodies to process work;

3) To nominate the deputy secretaries general and the principal directors of bodies and then submit the nomination to the Council and the Standing Council for approval;

4) To decide the recruitment of personnel for various bodies;

5) To handle other routine matters.

Chapter 5 Management and Use of Assets

Article 31 

Funding sources of ACPAA include:

1) Membership fees;

2) Donations;

3) Government funding;

4) Income from services and activities within the scope defined by the functions of ACPAA;

5) Interest; and

6) Other legal income.

Article 32 

Membership fees are collected in compliance with relevant regulations of the State.

Article 33 

The funding of ACPAA shall be used within the scope defined by its functions and directed toward the development of the profession, and shall not be distributed among members.

Article 34

ACPAA establishes a rigorous financial management system to ensure the legality, authenticity, accuracy, and integrity of its financial records.

Article 35 

ACPAA employs accounting personnel with professional qualifications, who shall not simultaneously serve as cashiers. The accounting personnel are responsible for accounting calculation and accounting supervision. Upon transfer to other duties or resigning from ACPAA, hand-over formalities shall be completed with the take-over personnel.

Article 36

ACPAA’s assets management shall comply with national financial regulations and be subject to the supervision of the General Assembly and relevant financial authorities. The donations and grants shall be subject to the supervision of auditing authorities, and the relevant information shall be disclosed to the public appropriately.

Article 37

ACPAA must undergo the financial audits before ACPAA re-elections or the change of legal representative.

Article 38

The assets of ACPAA shall not be encroached upon, privately divided and misappropriated by any unit or individual.

Article 39

The salaries, insurance and welfare benefits of ACPAA’s full-time personnel shall comply with relevant regulations of the State for public institutions.

Chapter 6 Statutes Amendment Procedures

Article 40

The amendment to the Statutes shall be approved by the vote of the Council and reported to the General Assembly for deliberation.

Article 41 

The amended Statutes of ACPAA shall take effect upon review and approval of the China National Intellectual Property Administration and the Ministry of Civil Affairs of the People’s Republic of China within 15 days of its approval by the vote of the General Assembly.

Chapter 7 Termination Procedures and Assets Disposal

After Termination

Article 42 

Where ACPAA completes its objects, dissolves on its own or needs to be de-registered due to separation, merger or other reasons, the motion for termination shall be proposed by the Council or the Standing Council.

Article 43 

The motion for termination shall be approved by the vote of the General Assembly and reported to the China National Intellectual Property for review and approval.

Article 45 

ACPAA will be terminated upon the completion of de-registration by the Ministry of Civil Affairs of the People’s Republic of China.

Article 46 

The remaining assets after termination shall be used for undertakings in accordance with the objects of ACPAA or donated to social organizations with similar objects under the supervision of the China National Intellectual Property Administration and the Ministry of Civil Affairs of the People’s Republic of China.

Chapter 8 Supplementary Provisions

Article 47 

The Statutes were voted and approved by the first meeting of the eleventh General Assembly on June 12, 2024.

Article 48 

The Council of ACPAA reserves the right to interpret the Statutes.

Article 49 

The Statutes take effect upon review and approval of the Ministry of Civil Affairs of the People’s Republic of China.