Bylaws (As Amended)
ARTICLE I. NAME
The name of this Section shall be "The Intellectual Property Law Section of the Oklahoma Bar Association," referred to as the "Section."
ARTICLE II. OBJECTS
The objects of the Section shall be to further high standards of professional ethics; to promote the development and administration of right of owners and the public in intellectual property, especially in patents, trademarks, and copyrights; to increase knowledge of owners, the public, and people interested in intellectual property and related subjects; and to promote professional relationships.
ARTICLE III. MEMBERSHIP
3.1 Membership. There shall be four classes of membership in the Section – Honorary, Active Associate and Life.
3.1.A Honorary Member. Any judge of Oklahoma and of the United States Federal courts in the Tenth Judicial Circuit.
3.1.B Active Member. Any lawyer who is a member in good standing of the Oklahoma
3.1.C Associate Member. Any person not qualified by Active membership interested in intellectual property, specifically patents, trademarks, or copyrights, including registered patent attorneys not domiciled in Oklahoma, registered patent agents, attorneys not members of the Oklahoma Bar Association, and law students.
3.1.D Life Member. Any Active member of long standing who because of special consideration, including age and health, has terminated or substantially curtailed his or her practice and has been admitted to life membership by special action of the Executive Committee.
3.2 Only Active members and Life members of the Section may vote.
3.3. Each member shall conform to the Code of Professional Responsibility duly adopted by the Oklahoma Bar Association.
3.4 Application for Active membership. Any Person defined by Article 3.1.B shall be eligible for Active membership of the Section upon request.
3.5 Applications for Associate Membership. A candidate for Associate membership shall be proposed to the Executive Committee by an Active member of the Section. The proposal shall be in writing, shall include over the candidate's signature his or her undertaking to abide by the By-Laws of the Section and to conform to the Code of Professional Responsibility duly adopted by the Oklahoma Bar Association; and the proposal shall set forth the class of membership to which it is proposed the candidate shall be elected, his or her residence, business address and professional qualifications, and such other facts as will enable the members of the Executive Committee to evaluate the candidate's qualifications for membership. A majority vote of the entire Executive Committee in favor of the candidate shall be necessary to elect a candidate. The candidate shall be notified by the Executive Committee of its action.
ARTICLE IV. OFFICERS AND DIRECTORS
4.1 Officers
4.1.A The officers of the Section shall be a President, a Vice-President, and a Secretary/Treasurer, who shall perform the usual duties of their respective offices and who together with four other members of the Section referred to as Directors, shall constitute the Executive Committee. The officers shall be elected for a term of one year but shall hold their respective offices until their successors shall have been elected and qualified. The Officers and Directors of the Section shall be members in good standing of the Oklahoma Bar Association.
4.1.B Three members of the Section shall be elected to the position of Director for a term of two years by a majority vote of the Section membership present at the annual meeting. In addition to the three elected directors, the immediate past President shall serve as a Director-at-Large, who, as a duty of office, shall be the principal representative in the Executive Committee of members of the Section who do not reside in the State of Oklahoma.
4.1.C No officer shall hold the same office for two successive terms; and, though eligible for any office, no member of the Section elected to a full two-year term as Director shall be eligible for re-election to a succeeding two-year term.
4.2 Duties of the Officers
4.2.A Presiding Officer. The President, or in his absence from any duly convened meeting of one of the officers of the Section in order designated in Article 4.1.A, shall be vested in the executive authority and shall preside at the meetings of the Section and of the Executive Committee.
4.2.B Vice-President. The Vice-President shall, in the President's absence, exercise the rights and discharge the duties of the President.
4.2.C Secretary/Treasurer. The Secretary/Treasurer shall keep a record of the proceedings of all meetings of the Executive Committee and of the Section, of all referendum votes, and of such other matters as may be deemed worth of record. The Secretary/Treasurer shall notify officers and members of their election, shall keep a roll of the members and arrange for publication and distribution of the Section Roster. The Secretary/Treasurer shall give reasonable written or printed notice of all meetings of the Executive Committee and of the Section, including the notices of proposed amendments to these By-Laws as set forth in Article VII. The Secretary/Treasurer shall take such other action as required by these By-Laws and as required by the President or by the Executive Committee. The Secretary/Treasurer shall maintain a current copy of these By-Laws which shall be published and distributed to each new member and to all members at least once every four years at the designation of the Executive Committee. The Secretary/Treasurer shall verify the deposit of all Section Moneys with the OBA; oversee and verify the disbursement of funds in accordance with the Section budget and the Policies of the OBA; obtain accurate financial records; and keep the Section Officers and the Members apprised of the financial status of the Section in accordance with OBA Guidelines for Committees and Sections, as adopted by the Board of Governors from time to time. Section Funds shall be deposited with the OBA to the credit of the Section. Unless otherwise provided by resolution of the Budget Committee or the members of the Section. All disbursements from the Section Funds shall be issued upon written authorization of either the President, Vice-President, or the Secretary/Treasurer of the Section.
4.3 Duties of the Executive Committee
4.3.A The Executive Committee shall have general charge of the affairs, and property of the Section. It shall consider any matter which may appear to involve the interests and welfare of the Section, including the objectives set forth in Article II. All matters which the Executive Committee may consider as involving substantive questions of policy with respect to changes proposed in the laws or rules or other matters affecting the practice of patent, trademark and copyright law shall be referred to the entire Section for approval or disapproval. The Executive Committee shall meet regularly on the same day with each general meeting under Article V hereof and as often as otherwise necessary (1) with notice to each Executive member, as provided for general meetings or (2) by actual notice at least five days in advance or (3) with actual notice and consent of at least six (6) members of the Executive Committee.
4.3.B The Executive Committee may propose to the members, in meeting or by mail, positions to be expressed outside the Section regarding legislation, rules of practice, appointments, and similar matters, subject to compliance with the rules and By-Laws of the Oklahoma Bar Association. When resolutions are submitted to the Executive Committee, the Executive Committee shall recommend action to the Section favoring or opposing such resolutions. Upon action, by the Section, the Executive Committee shall empower an officer, or other designated representative to take such steps as may by appropriate to make effective the final action of the Section.
4.3.C When time does not permit action by the Section, the Executive Committee, subject to compliance with the rules and By-Laws of the Oklahoma Bar Association, may express, or authorize the expression of, a position outside the Section in its own name, clearly indicating to the recipient there of that time had not permitted action by the Section. In such cases, the Executive Committee shall report to the membership the action taken.
4.3.D Meetings shall be held upon call of the President, the Vice-President, or by any three members of the Executive Committee. At any meeting of the Executive Committee, five members shall constitute a quorum. Any member of the Section, upon written request addressed to the President or Secretary/Treasurer expressing his or her desire and purpose, may be invited by the Executive Committee to attend a meeting so as personally to make any representations which he or she considers desirable to further the interest of the Section.
4.3.E The Executive Committee shall prepare a proposed budget of the financial needs, programs, and expenditures of the Section (including reimbursement of Section Officers and members for expenses on behalf of the Section) for the following year. Such programs and expenditure shall be in accordance with and not conflict with the policies of the OBA. The Executive Committee shall submit its proposed budget to the Budget Committee of the OBA no later than August 15, each year, and said proposed budget shall be disseminated to the members of the Section by mailing or publication in one issue of the OBAJ to provide Section Members the opportunity to comment, in writing, directly to the Executive Committee. The final budget shall be submitted for adoption by the members of the Section at the Annual Meeting, subject to the advice and consent of the Board of Governors. Amendments to the Budget may be proposed by the Executive Committee from time to time, and shall be effective upon acceptance by the Board of Governors. The proposed Budget should include a description of the Section's long range and intermediate plans for programs and/or activities which require the accumulation of funds and the establishment of reserves. Fund accumulations shall be subject to the polices established in the OBA Guidelines for Committees and Sections, as adopted by the Board of Governors from time to time.
4.4 Nomination and Election of Officers and Directors of the Executive Committee
4.4.A The Secretary/Treasurer, at least thirty (30) days before the annual meeting, shall provide notice to members of the Section of nominations. Candidates may be nominated by petition signed by any voting member of the Section and filed with the Secretary/Treasurer not less than sixty (60) days before the annual meeting. Candidates may also be nominated during the annual meeting. Election shall be any form approved by a majority of the membership present at the annual meeting.
ARTICLE V. MEETINGS
5.1 The Annual Meeting
5.1.A The annual meeting and election of officers of the Section shall be held in the fall in conjunction with the annual meeting of the Oklahoma Bar Association.
5.2 Other Meetings
5.2.A. Other meetings of the Section may be held from time to time upon call of the President, the Vice President, by any three members of the Executive Committee, or by any ten Active members of the Section, providing the Secretary/Treasurer shall be advised in writing as to the purpose of each special meeting, the business to be transacted, and the time and place of such meeting.
5.3 Quorum
5.3.A. At any meeting of the Section, the presence of twenty-five (25%) percent of the Active members shall constitute a quorum. Section action shall be by the majority of those voting.
ARTICLE VI. DUES
6.1 Dues Payable
6.1.A Dues shall be due and payable annually concurrently with the Oklahoma Bar Association dues. The dues for Active members shall be Twenty-five Dollars ($25.00) and for Associate members shall be Twelve Dollars and fifty cents ($12.50). Honorary and Life members shall pay no dues. Dues shall be payable directly to the Oklahoma Bar Association and shall be held by the Oklahoma Bar Association.
6.1.B. Funds received and expenses of the Section shall be payable at the direction of the President.
ARTICLE VII. AMENDMENT
7.1 Amendments to these By-Laws may be made by the voting members present at the Annual Meeting or at any regularly called meeting of the Section provided such amendments are approved by a two-thirds (2/3) vote and further provided that the proposed amendment shall previously have been approved by the majority vote of the Executive Committee or by ten (10) members in writing but not otherwise and further provided that a notice of the proposed amendment with a copy of the same shall have been sent by first-class mail to each member at least five (5) days before such meeting with a notice of the meeting and opportunity to be heard.
7.2 The Executive Committee may enact regulations and/or guidelines not inconsistent with these By-Laws and the rules and By-Laws of the Oklahoma Bar Association to facilitate functioning of the Section.
By-Laws approved by the Oklahoma Bar Association Board of Governors |