According to Article 2(3) of the Eurasian Patent Convention (EAPC) the Administrative Council is one of the bodies of the Eurasian Patent Organization. It is a representative body in which each State Party to the EAPC participates. Activity of the Administrative Council is regulated by EAPC, Administrative Regulations and Administrative Council Procedure Rules (Procedure Rules).
According to Article 3(3) the Administrative Council is competent:
· to approve its own Procedure Rules;
· to elect its Chairman for the renewed two-year term;
· to appoint the President of the Eurasian Patent Office for the renewed six-year term;
· to give recommendations to the President of the Eurasian Patent Office concerning appointment of vice-presidents;
· to approve agreements concerning the headquarters of the Organization;
· to approve agreements concluded by the Organization with countries and international organizations;
· to approve, by a two-thirds majority of votes, the Patent Regulations, the Financial Instructions and the Administrative Instructions;
· to pass, by a two-thirds majority of votes, the annual budget, to consider the annual report and approve the annual accounts of the Organization;
· to perform other activities.
The list of powers of the Administrative Council is supplemented by Rule 5 of the Administrative Instructions under the Eurasian Patent Convention, according to which the Administrative Council is competent to adopt and amend the EAPO Statute on Fees, as well as other documents.
According to Article 3(1) of the EAPC each Contracting State is represented in the Administrative Council by its plenipotentiary representative and his/her deputy who may draw advisors and experts for assistance. Each Contracting State has one vote in the Administrative Council. Two-thirds of the number of such States constitute a quorum.
The Administrative Council takes its decisions on the basis of consensus, and, in absence of such consensus, by a simple majority of votes cast by the voting plenipotentiary representatives of the Contracting States, except for those cases where Convention provides for the unanimity or a two-thirds majority of votes. The plenipotentiary representatives of the Contracting States, who abstain from voting, are not considered as voted.
The meetings of the Administrative Council may be ordinary and extraordinary. The ordinary meeting is convened each calendar year, and an extraordinary meeting may be convened upon the initiative of at least three Contracting States, the Chairman of the Administrative Council or the President of the Eurasian Patent Office. The meetings of the Administrative Council are attended by representatives of WIPO, who have the deliberate vote, and upon invitation of the Organization, by the representatives of other international organizations or countries (in the capacity of observers).
According to Rule 37 of Procedure Rules the Administrative Council may organize within its competence regular and temporary working bodies.