Budapest Notification No. 266
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

Communication from the Government of the People's Republic of China Relating to Changes in the Address, in the Text Concerning the Kinds of Microorganisms Accepted for Deposit and in the Schedule of Fees Charged by the China General Microbiological Culture Collection Center (CGMCC)

The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the Minister for Foreign Affairs and has the honor to notify him of the receipt, on January 5, 2010, of a written communication dated December 30, 2009, from the Government of the People's Republic of China, relating to changes in the address, in the text concerning the kinds of microorganisms accepted for deposit and in the schedule of fees charged by the China General Microbiological Culture Collection Center (CGMCC), an international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, done at Budapest on April 28, 1977, and amended on September 26, 1980 (see Budapest Notification No. 139 of May 12, 1995).

The new address, the new text concerning the kinds of microorganisms accepted for deposit and the new schedule of fees are as follows:

INTERNATIONAL DEPOSITARY AUTHORITY

China General Microbiological Culture Collection Center (CGMCC)
Institute of Microbiology, Chinese Academy of Sciences
No. 1 West Beichen Road
Chaoyang District
Beijing 100 101
China

Telephone: (86-10) 6480 7355
Facsimile: (86-10) 6480 7288
E-mail: cgmcc@im.ac.cn
Internet: http://www.cgmcc.net

KINDS OF MICROORGANISMS THAT MAY BE DEPOSITED

With the exception of pathogenic microorganisms of Risk Group 1 (Chinese classification): bacteria (including actinomycetes), yeasts, filamentous fungi, anaerobic microorganisms, single cell algae, animal cell lines, plant cell lines, mycoplasma, viruses, bacteriophages, plasmids, plant seeds.

At present, the CGMCC does not accept temporarily the following biological material for deposit: protozoa.

As a general rule, the CGMCC will accept only strains that can be placed in a culture under conditions technically feasible for the collection concerned and conserved, other than in continuous vegetative activity, without inducing significant changes in the characteristics.

Exceptionally, the CGMCC may accept deposits that cannot be conserved other than by active culture, but acceptance of such a deposit will have to be decided, and the relevant fee determined, on a case-by-case basis, after prior negotiation with the potential depositor.

The CGMCC reserves the right to refuse a deposit of biological material under Article 5 of the Budapest Treaty:

- which is restricted from import according to Chinese law;
- whose conservation involves hazards deemed to be excessive.

The CGMCC also reserves the right to refuse an application which asks the CGMCC to supply biological material that is restricted from export according to Chinese law.

Other currencies will be converted into US dollars according to the exchange rate of the Bank of China.

According to Rule 12.2(c) of the Regulations under the Budapest Treaty, the fees set forth in the said communication shall take effect on February 27, 2010, that is, on the thirtieth day following the publication of the changes by the International Bureau.

January 29, 2010