RESOLUTIONS

Approved at the Conference XL of the Inter-American Bar Association

June 22-26, 2004 – Madrid, Spain

Committee XV, Intellectual Property

Resolution 1

The Patent Cooperation Treaty

WHEREAS:

The Intellectual Property Committee of the Inter-American Bar Association at its Conference XXXVI approved Resolution No. 4 concerning the importance of a flexible and effective protection of ideas and technical innovations for the economies of the Americas and the role played by the Patent Cooperation Treaty in assisting with the protection of innovation;

Creating societies of knowledge in the States of the Americas is essential and providing access to technical information is paramount to the development of such societies;

The importance of the technical information contained in documents describing new inventions is a fundamental factor in the economic progress of the States of the Americas;

An objective of the Patent Cooperation Treaty is to facilitate and accelerate public access to the technical information contained in documents describing new inventions;

Another objective of the Patent Cooperation Treaty is to promote and accelerate the economic development of developing countries by increasing the efficiency of their legal patent systems, to provide easily accessible information on the availability of technological solutions applicable to their special needs and to facilitate access to modern technology;

The recent reform of the Patent Cooperation Treaty, particularly the aspects of this reform concerning the simplification of the use of the Patent Cooperation Treaty system entered into force in 2004; and that

New States from the Americas have subscribed the Patent Cooperation Treaty during the past three years (Barbados, Colombia, Costa Rica, and Ecuador among others) and, as a consequence, the use of the Patent Cooperation Treaty system in the Americas has increased,

RESOLVED:

1.To take note of the importance for the Americas of the access to technical information of the role of the Patent Cooperation Treaty system in providing easy access to technical information and modern technology, of the evolution of said system, of the growing presence of States from the Americas among its members and of the increased use of the system by those States.

2.To urge the countries of the Americas that have not done so yet, to consider the possibility of adhesion to the treaty referred to, since it is an efficient legal instrument for facilitating and promoting technological research and development.

Committee XIX, Women’s Rights and Young Lawyers and Law Students Section

Resolution 2

Expressing Support for A Pro Bono Pledge Program

WHEREAS:

Since its foundation, many members of the Inter-American Bar Association (IABA) have been utilizing their multilingual, multicultural, and multilegal backgrounds to make important contributions of pro bono services to persons of limited economic means;

There nonetheless continues to be a great demand for pro bono services by a significant number of persons who have limited economic means, and, as a result, the full enjoyment of human rights, including the rights of women, and access to justice by all is threatened;

IABA Committees and Sections, including the Committee XII on Human Rights, Committee XIX on Women’s Rights, Committee XIII on the Practice of Law, and the Young Lawyers and Law Students Section, have each agreed that their members should make a commitment to perform pro bono services, for example through programs such as Pro Bono Pledge Program developed over the past year by the Washington, D.C. Chapter of the Young Lawyers and Law Students Section of the IABA; and

There is an urgent need for recognition of the importance of pro bono services at the institutional level of the IABA, and several IABA committees have urged the General Assembly to call upon all IABA members to make a commitment to pro bono services,

RESOLVED:

1.To urge all IABA members to commit to participate, on a pro bono basis in meaningful representation of families, individuals, or institutions serving families or individuals who have limited economic resources.

2.To authorize the Sections and Committees of the IABA to take all necessary action to develop and carry out pro bono services that motivate and allow IABA members to offer those services, including the establishment of an annual award for those who make the greatest pro bono contribution.

Institutional Forum on the Legal Profession

Resolution 3

An Update on Lawyers’ Obligations

WHEREAS:

The Institutional Forum on the Legal Profession has shown that in certain countries, activities that should be performed by attorneys are entrusted to professionals in other fields;

Any proceedings where the rights and duties of parties are determined should be conducted by legal professionals, who are the ones with the required knowledge to interpret the law and to decide the way in which proceedings should be directed concerning the representation of the parties; and

Judicial auditing can be an effective tool to support the governance of institutions,

RESOLVES:

1.To declare that professional work undertaken in all types of proceedings where the rights and duties of parties are determined corresponds to attorneys, without detriment to other professionals who may participate as experts, advisors or in some auxiliary capacity.

2.To express its concern and opposition to the attempt of certain professions to permit their members to perform activities that should be exclusively reserved to attorneys.

3.To request Bar Association members of the IABA to consider this problem and to continue the necessary action in their respective countries in order to preserve, recover and increase those matters pertaining exclusively to attorneys.

4.To express that the use of judicial audit, reserved exclusively to attorneys, must be strengthened as a useful and efficient tool to support institutional governance.

Venezuelan Chapter of IABA individual members

Resolution 4

WHEREAS:

The Inter-American Bar Association is a lawyers’ association, strictly apolitical, professional and academic;

Promoting and supporting procedures tending to strengthen the rule of law and the sound administration of justice in all countries of the American continent is a proper task of the IABA;

The Venezuelan Chapter of the Inter-American Bar Association should protect individual rights and freedoms, which include the right of Venezuelan citizens to request a RECALL REFERENDUM for elective offices, contemplated in the Venezuelan Constitution; and

That the accredited representatives of the Inter-American Bar Association issued a Report on the Rule of Law, Human Rights and the Justice System of the Bolivarian Republic of Venezuela following their visit to Caracas in March 2003, and have followed the proceedings for the presidential referendum scheduled for August 15, 2004,

RESOLVED:

1.To condemn in an energetic manner any form of political violence that may undermine the rule of law, the independence of the Judicial Power as established in the Venezuelan Constitution and laws, and in International Human Rights Law.

2.To request that the President of the National Electoral Council, Dr. Francisco Carrasquero, issue invitations and credentials of the National Electoral Council to the Council Members of the Inter-American Bar Association so that they may observe the presidential recall referendum process convened by this Council, to be held on August 15, 2004.

3.To urge the authorities of the said Council to communicate with the representatives of the Inter-American Bar Association and to extend the corresponding invitation under the terms and conditions determined by this entity.

INTER-AMERICAN BAR ASSOCIATION

Solidarity with the Spanish People and Spanish Attorneys

Resolution 5

WHEREAS:

On March 11 of the present year Spain, as a country and as a people, suffered an attack of international terrorism, which caused the loss of innocent human lives;

RESOLVED:

1.  The Inter-American Bar Association expresses its solidarity towards the people of Spain, and in particular the General Council of the Spanish Bar, in their efforts to deal with the impact of the terrorist acts that threaten democracy and murdered citizens, and expresses the sincere desire and hope that such acts are never repeated.

2.   The Inter-American Bar Association wishes to express its gratitude to Spanish lawyers for having received IABA members with great friendship and fellowship during the celebration of the  Conference XL in their homeland.