Budapest Notification No. 155
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
Communication of the Republic of Latvia Relating to the Acquisition of the Status of International Depositary Authority by the Microbial Strain Collection of Latvia (MSCL)
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 February 26, 1997, of a written communication, dated February 17, 1997, from the Government of the Republic of Latvia, relating to the Microbial Strain Collection of Latvia (MSCL), indicating that the said depositary institution is located on the territory of the Republic of Latvia and including a declaration of assurances to the effect that the said institution complies and will continue to comply with the requirements concerning the acquisition of the status of international depositary authority as specified in Article 6(2) of 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.
The Microbial Strain Collection of Latvia (MSCL) will acquire the status of international depositary authority under the Budapest Treaty as from May 31, 1997, the date of publication of the said communication in the May 1997 issue of Industrial Property and Copyright/La Propriété industrielle et le Droit d'auteur.
May 26, 1997
Text of the Written Communication of the Government of the Republic of Latvia, dated February 17, 1997, Relating to the Acquisition of the Status of International Depositary Authority by the Microbial Strain Collection of Latvia (MSCL)
Considering the fact that the Republic of Latvia has been a Contracting State of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure since 29 December 1994, the Cabinet of Ministers of the Republic of Latvia requests the approval of the Microbial Strain Collection of Latvia (MSCL) as an international depositary authority.
The Government of the Republic of Latvia declares that the Microbial Strain Collection of Latvia (MSCL) complies and will continue to comply with the requirements specified in Article 6(2) of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
INFORMATION ON THE MICROBIAL STRAIN COLLECTION OF LATVIA (MSCL)
MICROBIAL STRAIN COLLECTION OF LATVIA (MSCL)
University of Latvia, Faculty of Biology
blvd. Kronvalda 4
1. Requirements for Deposit
(a) Kinds of Microorganisms that May Be Deposited
Bacteria (including actinomycetes), microscopic fungi (including yeasts) and plasmids in a host that can be preserved without significant changes to their properties by freeze-drying or during storage on slant agar slope.
(b) Technical Requirements and Procedures
(i) Form and Quantity
Cultures submitted to MSCL for deposit must be in the form of agar stabs (slants) or lyophilized. The minimum number of replicates that must be provided by the depositor is five stabs (slants) or 25 lyophilized ampoules.
(ii) Time Required for Viability Testing
The average time required for testing the viability of various microorganisms accepted by MSCL is 7 days, but in some cases viability testing may take 20 days.
(iii) Depositor Checks and Renewal of Stocks
The MSCL prepares its own batches by subculturing material originally supplied by the depositor. New batches are prepared for renewal of diminishing stocks. MSCL routinely asks the depositor to check the authenticity of the preparations made by the MSCL at the time of deposit from material supplied by the depositor. The MSCL routinely checks newly received deposits for contamination and, if they are found contaminated, returns them to the depositor. The MSCL stores original material supplied by the depositor.
(c) Administrative Requirements and Procedures
Language. The official language of the MSCL is Latvian. Communications are accepted in English, German and Russian.
Contract. The MSCL does not enter into any written contract with the depositor defining the liabilities of either party but, by signing the MSCL deposit forms, the depositor surrenders any right to withdraw his deposit during the required storage period and accepts that the microorganisms will be distributed according to the relevant patent requirements.
Import and/or Quarantine Regulations. The kinds of microorganisms accepted for deposit by the MSCL are not subject to import or quarantine regulations. The MSCL does not advise the depositor of the procedures he must follow to obtain an import permit.
(ii) Making the Original Deposit
Depositors are required to complete form MSCL-BP/1 (the equivalent of model form BP/1) which is the accession form used for Budapest Treaty deposits. They must complete the equivalent of model form BP/2 when making a new deposit and the equivalent of model form BP/7 when communicating a later designation or amendment of a scientific description and/or taxonomic designation.
Official Notifications to the Depositor. Except the mandatory "international forms," official notifications are not issued on standard forms.
Unofficial Notifications to the Depositor. If requested, the MSCL will telephone or telefax the date of deposit and the accession number before the official receipt is issued, but only after a positive viability test has been obtained. The MSCL will similarly communicate the results of the viability test before the viability statement is issued.
Supply of Information to Patent Agent. The MSCL does not routinely ask the depositor for the name and address of his patent agent. However, if requested, the MSCL will send copies of the receipt and viability statement to both the depositor and his patent agent.
(iii) Converting a Previous Deposit
Deposits made outside the provisions of the Budapest Treaty may be converted by the original depositor to deposits under the Budapest Treaty only if they were originally made for patent purposes. The administrative requirements for conversion are similar to those to be met in respect of an original deposit made under the Treaty.
All conversions are subject to the storage fee normally levied for Budapest Treaty deposits.
(iv) Making a New Deposit
The depositor is required to complete the equivalent of model form BP/2 when making a new deposit, and to supply copies of the relevant documents required by Rule 6.2. The receipt and viability statement for a new deposit are issued on mandatory "international forms" BP/5 and BP/9.
2. Furnishing of Samples
(a) Request for Samples
The MSCL advises third parties of the correct procedures to follow in order to make a valid request. In the case of requests requiring proof of entitlement, the MSCL will provide requesting parties with copies of model request form BP/12 and/or request forms used by individual industrial property offices (where it has been supplied with such forms). All samples furnished by the MSCL are from batches of its own preparations.
(b) Notification of Depositor
Depositors are notified on model form BP/14 when samples of their microorganism have been furnished to third parties.
(c) Cataloguing of Budapest Treaty Deposits
The MSCL does not list Budapest Treaty deposits in its published catalog.
3. Schedule of Fees
|Latvian Lats (Ls)|
|(b)||Issuance of viability statement||30|
|(c)||Furnishing of samples||30
(plus cost of transport)
4. Guidance for Depositors
At present the MSCL does not have specific written notes for the guidance of depositors, but is always ready to offer advice by telephone, telefax or e-mail.