BYLAWS OF THE
INTELLECTUAL PROPERTY SECTION
OF THE UTAH STATE BAR
ARTICLE I - NAME AND PURPOSE
1.1. Name. Upon adoption of these Bylaws, the name of the Section shall be changed from the Patent, Trademark, Copyright Section to the Intellectual Property Section of the Utah State Bar (the "Section").
1.2 Purpose. The purpose of the Section shall be to seek the participation of all interested members of the legal profession and of state and local bar associations in order to benefit such members by (1) providing the opportunity and a forum for the interchange of ideas relating to intellectual property law; (2) by initiating and implementing common projects; and (3) to undertake such other service as may be of benefit to the members, the legal profession and the public.
1.3 Limitations. These Bylaws have been adopted subject to the applicable Utah Statutes and the Bylaws of the Utah State Bar (the Bar).
1.4 Principal Office. The principal office of the Section shall be maintained in the offices of the Bar.
1.5 Fiscal Year. The fiscal year of the Section shall coincide with that of the Bar.
ARTICLE 2 - MEMBERSHIP
2.1 Enrollment. Any member in good standing of the Bar may, upon the request to the Secretary of the Bar, be enrolled as a member of the Section by the payment of annual Section dues in the amount and for the purpose approved by the Board of Commissioners of the Utah State Bar. Persons who are not members of the Bar but who are registered to practice before the U.S. Patent and Trademark Office may be placed on the mailing list of the Section and notified of meetings of the section and encouraged to attend.
2.2 The Membership. Members enrolled as provided in Section 2.1 shall constitute the Membership of the Section.
2.3 Dues. The Section may continue to impose dues as hitherto imposed. The amount of the dues may be changed by majority vote of a quorum of the Section followed by the approval of the Board of Commissioners of the Bar.
2.4 Voting Rights. Each enrolled member shall be entitled to one vote on any question to the section and in any election as provided herein.
2.5 Associate Members. Any person who is not a member of the Utah State Bar, including paralegals and legal assistants, patent agents, and law students interested in the study of intellectual property law, upon request to the Executive Committee may be considered for enrollment as an Associate Member of the Section. Membership as an Associate Member shall be effective upon the approval of a majority of the Executive Committee and the payment of annual Section dues established for such Associate Members. The Executive Committee, by a vote of the majority of its members shall have the absolute sole power to suspend the membership of any Associate Member on terms which it regards to be in the best interest of the Section. Associate Members may not hold office in the Section and do not have voting privileges, but are otherwise entitled to all of the privileges and benefits of Section Membership. The amount of dues imposed upon Associate Members may be set by a majority vote of a quorum of the Section followed by the approval of the Board of Commissioners of the Bar. As a specific condition for membership in the Section, Associate Members shall take appropriate precautions to assure that they do not hold themselves out as being members of the Utah State Bar, and will follow all guidelines and directives from the Section Chair in connection with the implementation of this requirement.
ARTICLE 3 - OFFICERS
3.1 Officers. The officers of this Section shall be a Chair, a Vice Chair, and a Secretary.
3.2 Duties of Officers. The Officers shall generally supervise and control the affairs of the Section, subject to the rules and bylaws of the Utah State Bar, and shall establish and execute the general policy, programs, and activities of the Section.
3.3 Chair. The Chair shall preside at all meetings of the Section and shall perform such other duties and acts usually pertaining to this office. The Chair shall communicate with the Board of Commissioners of the Bar and others as may be necessary.
3.4 Vice Chair. The Vice Chair shall act as Chair in the absence of the Chair and shall perform such other duties as appropriate.
3.4a Secretary. The Secretary shall keep a record of all proceedings of all meetings of the Section and of the Officers, whether assembled or pursuant to teleconference or other electronic communication. The Secretary shall work with the Bar's webmaster to keep the Section's website current. In conjunction with the Chair and Vice Chair, the Secretary shall attend generally to the business of the Section.
3.5 Term and Succession to Offices. The term of office for each officer will commence on July 1 following election, and last for one year. On July 1 of the next year, the Secretary shall automatically succeed to the Office of Vice Chair. The Vice Chair shall automatically succeed to the Office of Section Chair.
3.6 Eligibility of Office. Any enrolled member of the Section may be nominated for office provided the member is in good standing and shall remain a member of the Section during the term of office for which the member is running.
3.7 Elections. A new Secretary shall be elected each year in the manner prescribed herein. If the office of the Chair becomes vacant, then the Vice Chair shall become Chair of the Section for the unexpired term. If the office of the Vice Chair becomes vacant, then the Secretary shall become the Vice Chair of the Section for the unexpired term. If the office of Secretary becomes vacant, then the office of Secretary shall be filled by an election of the membership of the Section.
3.8 Nominations. Nominations for the office of Secretary may be made in writing or electronically to any member of the Executive Committee before June 1 or, in the case of a special election to fill an unexpired term, within two weeks of the date set for the beginning of balloting. A person may nominate themselves, or may be nominated by another if the consent of the nominee is included with the nomination.
3.9 Voting. In the event that more than one person is nominated, the Secretary will be elected by the greatest number of votes cast by members of the Section voting. Ballots shall be provided to all active members of the Section containing an alphabetized listing of names of those members who have been nominated. Said ballots shall be provided electronically, unless a member has no electronic (such as e-mail) address associated with his membership, in which case the ballot shall be mailed. Ballots shall be distributed at least 10 days prior to the date on which ballots will be counted. Ballots shall state the date upon which they are due and shall be returned so as to reach the Bar offices, whether by mail, in person, or electronically no later than 5:00 p.m. on the day prior to the date ballots will be counted. The Executive Committee shall designate the time, date and place for the counting of ballots, and shall arrange for the counting of those ballots not cast electronically. Balloting and vote counting shall be provided in such a way as to assure that voting is by secret ballot, although disinterested employees of the Bar may be used to collect electronically cast votes and verify that mailed ballots are from active members of the Section. Candidates shall be notified of the outcome of the vote by a member of the Executive committee as soon as reasonably possible after the votes are counted, and the Section membership shall be notified at their next meeting. If any day or date set forth above shall fall on a Saturday, Sunday or holiday, the act requires or time fixed shall occur on or run from the next working day.
ARTICLE 4 - MEETINGS
4.1 Meetings. Meetings of the Section shall be held at least bi-monthly during the months of September through June.
4.2 Quorum. At all meetings of the Section, at least five (5) enrolled members of the Section are required to constitute a quorum for the transaction of business.
4.3 Controlling Vote. Action of the Section shall be by majority vote of a quorum except as otherwise provided in these Bylaws.
4.4 Meetings of the Officers. The officers shall meet as often as they deem necessary.
4.5 Notice of Meetings. Written, printed, or electronic notice shall be given to all Section members stating the date, hour, place, and purpose of all meetings of the members. Notice shall be delivered to each member of the Section by hand, U.S. mail, facsimile, or e-mail at least five (5) days prior to the date of the meeting. If delivering notice by U.S mail, notice shall be deemed delivered when deposited in the United States mail addressed to the member at his or her address as it appears on the records of the Utah State Bar, with adequate postage.
ARTICLE 5 - COMMITTEE
5.1 Appointment. At any time during the year, the officers may appoint any committees as they may deem advisable in order to carry out the purpose of the Section and shall describe the duties and functions of such committees. The officers shall designate the committees, define their duties, and appoint the committee chairs.
5.2 Meetings. Committees shall meet as often as necessary in order to perform their duties. Half of the members of any committee shall constitute a quorum for purposes of conducting business of the committee.
5.3 Executive Committee. The Chair, Vice Chair and Secretary shall constitute the Executive Committee of the Section.
ARTICLE 6 - AMENDMENTS
These bylaws may be amended at any meeting of the Section or by mail or electronic ballot by a two-thirds vote of the enrolled members of the Section present or returning ballots provided that notice of the substance of the proposed amendments shall have been duly given to all members of the Section.