Regulations Under the Budapest Treaty on the International Recognition of the De

 

Rule 3
Acquisition of the Status of International Depositary Authority

 

3.1 Communication

(a) The communication referred to in Article 7(1) shall be addressed to the Director General, in the case of a Contracting State, through diplomatic channels or, in the case of an intergovernmental industrial property organization, by its chief executive officer.

(b) The communication shall:

(i) indicate the name and address of the depositary institution to which the communication relates;

(ii) contain detailed information as to the said institution’s capacity to comply with the requirements specified in Article 6(2), including information on its legal status, scientific standing, staff and facilities;

(iii) where the said depositary institution intends to accept for deposit only certain kinds of microorganisms, specify such kinds;

(iv) indicate the amount of any fees that the said institution will, upon acquiring the status of international depositary authority, charge for storage, viability statements and furnishing of samples of microorganisms;

(v) indicate the official language or languages of the said institution;

(vi) where applicable, indicate the date referred to in Article 7(1)(b).

3.2 Processing of the Communication

If the communication complies with Article 7(1) and Rule 3.1, it shall be promptly notified by the Director General to all Contracting States and intergovernmental industrial property organizations and shall be promptly published by the International Bureau.
(Adopted on April 28, 1977 and amended on January 20, 1981 and October 1, 2002)
 

the Deposit of Microorganisms for the Purposes of Patent Procedure*

(Adopted on April 28, 1977 and amended on January 20, 1981 and October 1, 2002)

TABLE OF CONTENTS**

Rule 1: Abbreviated Expressions and Interpretation of the Word “Signature”

1.1 - “Treaty”
1.2 - “Article”
1.3 - “Signature”

Rule 2: International Depositary Authorities

2.1 - Legal Status
2.2 - Staff and Facilities
2.3 - Furnishing of Samples

Rule 3: Acquisition of the Status of International Depositary Authority

3.1 - Communication
3.2 - Processing of the Communication
3.3 - Extension of the List of Kinds of Microorganisms Accepted

Rule 4: Termination or Limitation of the Status of International Depositary Authority

4.1 - Request; Processing of Request
4.2 - Communication; Effective Date; Processing of Communication
4.3 - Consequences for Deposits

Rule 5: Defaults by the International Depositary Authority

5.1 - Discontinuance of Performance of Functions in Respect of Deposited Microorganisms
5.2 - Refusal To Accept Certain Kinds of Microorganisms

Rule 6: Making the Original Deposit or New Deposit

6.1 - Original Deposit
6.2 - New Deposit
6.3 - Requirements of the International Depositary Authority
6.4 - Acceptance Procedure

Rule 7: Receipt

7.1 - Issuance of Receipt
7.2 - Form; Languages; Signature
7.3 - Contents in the Case of the Original Deposit
7.4 - Contents in the Case of the New Deposit
7.5 - Receipt in the Case of Transfer
7.6 - Communication of the Scientific Description and/or Proposed Taxonomic Designation

Rule 8: Later Indication or Amendment of the Scientific Description and/or Proposed Taxonomic Designation

8.1 - Communication
8.2 - Attestation

Rule 9: Storage of Microorganisms

9.1 - Duration of the Storage
9.2 - Secrecy

Rule 10: Viability Test and Statement

10.1 - Obligation to Test
10.2 - Viability Statement

Rule 11: Furnishing of Samples

11.1 - Furnishing of Samples to Interested Industrial Property Offices
11.2 - Furnishing of Samples to or with the Authorization of the Depositor
11.3 - Furnishing of Samples to Parties Legally Entitled
11.4 - Common Rules
11.5 - Changes in Rules 11.1 and 11.3 when Applying to International Applications

Rule 12: Fees

12.1 - Kinds and Amounts
12.2 - Change in the Amounts

Rule 12bis: Computation of Time Limits

12bis.1 - Periods Expressed in Years
12bis.2 - Periods Expressed in Months
12bis.3 - Periods Expressed in Days

Rule 13: Publication by the International Bureau

13.1 - Form of Publication
13.2 - Contents

Rule 14: Expenses of Delegations

14.1 - Coverage of Expenses

Rule 15: Absence of Quorum in the Assembly

15.1 - Voting by Correspondence
 
 

 

Rule 1
Abbreviated Expressions and Interpretation of the Word “Signature”

 

1.1 “Treaty”

In these Regulations, the word “Treaty” means the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.1