Budapest Notification No. 305
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 the Extension of Kinds of Microorganisms accepted for deposit and changes in the Schedule of Fees charged by the China Center for Type Culture Collection (CCTCC)

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 the receipt on February 3, 2015, of a written communication from the Government of the People's Republic of China Relating to the Extension of Kinds of Microorganisms accepted for deposit and changes in the Schedule of Fees charged by the China Center for Type Culture Collection (CCTCC), 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).

According to Rule 12.2(c) of the Regulations under the Budapest Treaty, the fees related to the issuance of a viability statement, the furnishing of a sample and the communication of information set forth in the said communication, shall take effect on April 11, 2015, that is, on the thirtieth day following the publication of the changes by the International Bureau.

March 12, 2015


Text of the communication by the Government of the People's Republic of China relating to the Extension of Kinds of Microorganisms accepted for deposit and changes in the Schedule of Fees charged by the China Center for Type Culture Collection (CCTCC)

[Original: English]

COMMUNICATION

This letter aims to notify the updated information of the China Center of Type Culture Collection (CCTCC), an International Depositary Authority (IDA) recognized by the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

CCTCC has recently extended its list of microorganism accepted and changed the amounts of fees. According to the Budapest Treaty, the State Intellectual Property Office of China (SIPO) has the honor to officially communicate the said changes to the World Intellectual Property Organization (WIPO), details of which could be found in the attachment, including CCTCC's new list of kinds of microorganism accepted and CCTCC's new fee schedule. It would be highly appreciated if WIPO could notify the updated information to all Contracting States and intergovernmental industrial property organizations and publish it on its website.


ANNEX

CHINA CENTER FOR TYPE CULTURE COLLECTION (CCTCC)

College of Life Sciences
Wuhan University
Wuhan 430072

Telephone: (86-27) 6875 2319, 6875 4712, 6875 4052, 6876 4001
Facsimile: (86-27) 6875 4833
E-mail: cctcc@whu.edu.cn
Internet: http://www.cctcc.org.cn

KINDS OF MICROORGANISMS THAT MAY BE DEPOSITED

Algae, animal viruses, animal cell cultures, bacteria, bacteriophages, eukaryotic DNA, fungi, human cell cultures, stem cells, hybridomas, molds, mycoplasma, nematodes, oncogenes, plant cell cultures and plant seeds, plant viruses, plasmids, protozoa (non-parasitic) and yeasts are generally accepted by CCTCC for deposit.  However, if the microorganism is a dangerous pathogen, the depositor should consult CCTCC in advance, which will decide whether or not the CCTCC can accept the biological material for deposit.  The CCTCC does not accept for deposit pathogenic microorganisms of Risk Group 1 & 2 (Chinese classification).

In addition, the CCTCC does not accept for deposit biological material which is restricted from import according to Chinese law or whose conservation involves hazards deemed to be excessive.  It also rejects applications which ask the CCTCC to supply biological material that is restricted from export according to Chinese law.

At present, the CCTCC does not accept for deposit embryos, parasitic and pathogenic protozoa, and RNA preparations.

Notwithstanding the foregoing, the CCTCC reserves the right to reject depositing any material which, in the opinion of the Director, represents a risk that is either unacceptable or is too difficult to handle.

SCHEDULE OF FEES

    RMB
(a) Storage 3.000
(b) Issuance of a viability statement    500
(c) Furnishing of a sample    500
(d) Communication of information    200
(e) Application for the import or export license depends on individual situation


Other currencies will be converted into RMB (Chinese Yuan) according to the exchange rate of the Bank of China.