Budapest Notification No. 69
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

Communication of the European Patent Organisation (EPO) Relating to the Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH (DSM) (formerly the "Deutsche Sammlung von Mikroorganismen")

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 March 10, 1988, of a written communication, dated March 8, 1988, from the European Patent Organisation (EPO) informing that the Deutsche Sammlung von Mikroorganismen, Gesellschaft für Biotechnologische Forschung mbH, 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, as amended on September 26, 1980 (see Budapest Notification No. 22 of August 27, 1981), has become, as of January 1, 1988, an independent legal entity with the name "DSM--Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH" (hereinafter referred to as "DSM") and that the assurances concerning the requirements specified in Article 6(2) of the Budapest Treaty, furnished by the European Patent Organisation (EPO) in respect of the Deutsche Sammlung von Mikroorganismen, Gesellschaft für Biotechnologische Forschung mbH, apply equally to the DSM. In the said communication, the European Patent Organisation (EPO) also provides certain information on the DSM and informs of a change in the list of the kinds of microorganisms accepted for deposit and in the amount of the fees charged by the DSM; it also informs of amendments to the requirements of the DSM, provided for by Rule 6.3 of the Regulations under the Budapest Treaty, concerning the form and quantity of deposits, the forms to be completed and the payment of a fee for storage referred to in Rule  12.1(a)(i) of the said Regulations. The text of the said communication is attached.

The amendments to the requirements of the DSM, provided for by Rule 6.3 of the Regulations under the Budapest Treaty, which are set forth in Annex 4 of the communication of the European Patent Organisation (EPO), will take effect, in respect of the list of kinds of microorganisms specified in Annex 2 of that communication, as from April 30, 1988, the date of publication of the said communication of the European Patent Organisation (EPO) in the April 1988 issue of Industrial Property/La Propriété industrielle. The said requirements as amended and the said list of kinds of microorganisms will replace the requirements and the list of kinds of microorganisms published in the September 1981 issue of Industrial Property/La Propriété industrielle.

The fees set forth in Annex 3 of the attached communication will apply to the list of kinds of microorganisms specified in Annex 2 of the said communication as from the thirtieth day following the date of the publication (April 30, 1988) of the said fees in the April 1988 issue of Industrial Property/La Propriété industrielle, that is, as from May 30, 1988 (see Rule 12.2(c) of the Regulations under the Budapest Treaty). The said fees will replace the fees as published in the September 1981 issue of Industrial Property/La Propriété industrielle.

April 5, 1988

Text of the Written Communication of the European Patent Organisation (EPO), dated March 8, 1988, Relating to the Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH (DSM) (formerly the "Deutsche Sammlung von Mikroorganismen")

[Original: French; Translation provided by the International Bureau of WIPO]

COMMUNICATION

I refer to the correspondence of the European Patent Organisation of July 23, 1981, concerning the acquisition, by the "Deutsche Sammlung von Mikroorganismen Gesellschaft für Biotechnologische Forschung mbH" (hereinafter "DSM GBFmbH"), of the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

As a result of the above communication, the DSM GBFmbH acquired the status of international depositary authority on October 1, 1981.

I have the honor to inform you of the following changes concerning that authority:

1. Legal Status, Name and Address

The Land of Lower Saxony (Niedersachsen) decided on December 15, 1987, that the DSM GBFmbH would, on January 1, 1988, become a legally independent body set up in the form of a private limited company (Gesellschaft mit beschränkter Haftung) with the Land of Lower Saxony as its sole stockholder.

The DSM GBFmbH, as a legally independent body, has been given the following name:

It is domiciled at the following address:

The Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH (hereinafter DSM GmbH) is entirely financed by the Land of Lower Saxony.

The DSM GmbH is the legal successor to the DSM GBFmbH, all of whose activities and commitments it has taken over.

To that end, the DSM GmbH is provided with staff and premises the details of which are given in Annex 1 to this letter.

In view of the foregoing, I have the honor to inform you that the assurances provided on July 23, 1981, by the European Patent Organisation, according to which the DSM GBFmbH fulfills and will continue to fulfill the conditions specified in Article 6(2) of the Budapest Treaty, apply to the DSM GmbH.

2. Official Language

German continues to be the official language of the DSM GmbH, and English may still be used as a language for correspondence. The depositary authority also accepts correspondence in French, except in the case of forms.

3. Extension of the List of Microorganisms Accepted for Deposit

Under Rule 3.3 of the Regulations under the Budapest Treaty, the assurances provided by the European Patent Organisation in its communication of July 23, 1981, are extended to:

Annex 2 is the full list of types of microorganism accepted by the DSM GmbH; it replaces that given in the communication of July 23, 1981.

4. Modification of the Scale of Fees

Pursuant to Rule 12.2 of the Budapest Treaty, the scale of fees of the DSM GmbH has been modified. The modified scale is to be found in Annex 3.

5. Requirements pursuant to Rule 6.3 of the Regulations under the Budapest Treaty

The requirements of the authority pursuant to Rule 6.3 of the Regulations under the Budapest Treaty have been modified. The requirements applicable in future are to be found in Annex 4.

I would ask you to arrange for the changes communicated herein to be published in "Industrial Property."

ANNEX 1

Information about the Depositary Authority

1. STAFF

2. FACILITIES

The DSM laboratories are equipped with up-to-date facilities, allowing all general microbiological work to be carried out efficiently. All modern processes (lyophilisation, storage in liquid nitrogen) for long-term storage of micro-organisms are available.

ANNEX 2

Kinds of micro-organisms accepted by the depositary authority

The following are accepted for deposit:

The following phytopathogenic micro-organisms are not accepted for deposit:

The DSM accepts for deposit only those organisms which, pursuant to DIN 58 956 Part 1 (supplementary sheet 1), belong to hazard group I or II.

It must be possible to process genetically manipulated strains or isolated DNS in accordance with Laboratory Safety Measures L1 or L2 contained in "Richtlinien zum Schutz vor Gefahren durch in-vitro neukombinierte Nukleinsäuren"⁽¹⁾ (Guidelines on protection against hazards resulting from in vitro recombinant nucleic acids).

The DSM reserves the right to refuse to accept for deposit material which in its view represents an unacceptable hazard.

In all instances it must be possible to preserve the deposited material by lyophilisation or storage in liquid nitrogen without significant change.

⁽¹⁾ 5th revised version, German Federal Ministry for Research and Technology, May 1986, Bundesanzeiger Verlagsgesellschaft mbH, Cologne.

ANNEX 3

Fee Schedule

As a general rule the fees under 1, 2 and 4 above are subject to VAT, currently at the rate of 7%. Where samples are furnished, VAT will be charged only to requesting parties in the Federal Republic of Germany.

ANNEX 4

Requirements of the Depositary Authority under Rule 6.3 of the Budapest Treaty

1. The DSM must be supplied with two preparations, if possible in the form of active cultures, of any micro-organism to be deposited.

2. The deposit must be accompanied by the appropriate form duly completed (Form DSM-BP/1: Original Deposit; DSM-BP/2: New Deposit, or DSM-BP/3: New Deposit with Another International Depositary Authority, in English or German). Depositors can obtain these from the DSM (separate forms are to be used for bacteria and fungi, bacteriophages and isolated plasmids).

3. The fee for storage mentioned in Rule 12.1(a)(i) of the Budapest Treaty must be paid.