Budapest Notification No. 171
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

Communication of the Government of Canada Relating to the Acquisition of the Status of International Depositary Authority by the Bureau of Microbiology at Health Canada (BMHC)

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 October 22, 1998, of a written communication, from the Government of Canada, relating to the acquisition of the status of international depositary authority by the Bureau of Microbiology at Health Canada (BMHC), indicating that the said depositary institution is located on the territory of Canada 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 Bureau of Microbiology at Health Canada (BMHC) will acquire the status of international depositary authority under the Budapest Treaty as from November 30, 1998, the date of publication of the said communication in the November issue of Intellectual Property Laws and Treaties.

November 13, 1998


Text of the Communication of the Government of Canada Relating to the Acquisition of the Status of International Depositary Authority by the Bureau of Microbiology at Health Canada (BMHC)

COMMUNICATION

On behalf of the Government of Canada, and in accordance with Article 7 of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, I am pleased to enclose a declaration of assurances for the acquisition of the status of international depositary authority by the Bureau of Microbiology at Health Canada.

The laboratories of the Bureau of Microbiology have been in continuous existence for over 50 years, and currently include a culture collection of over 100,000 strains, with hundreds added each year. The Bureau is comprised of six national laboratories supported entirely by the Federal Government of Canada, as well as nine external collaborating centres across Canada. Technical expertise of the laboratory staff is varied, including molecular biology, bacteriology, immunology, virology and cryopreservation. The Bureau of Microbiology has recently relocated to new state-of-the-art federal laboratories appropriate for the purposes required by the Budapest Treaty, and which include Risk Level 3 and 4 containment facilities and the most advanced equipment, all of which will be available to the International Depositary Authority.

Declaration of Assurances

1. In accordance with Article 7 of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (hereinafter Budapest Treaty), the Government of Canada nominates the Bureau of Microbiology at Health Canada (BMHC) as an international depositary authority. The Government of Canada provides its assurances that the BMHC complies and will continue to comply with the requirements for an IDA found in Article 6(2) of the Budapest Treaty. The required information concerning the BMHC is set out below.

2. The BMHC is located in Winnipeg, Manitoba, at the following mailing address:

Federal Laboratories for Health Canada
Room H5190
1015 Arlington Street
Winnipeg, Manitoba
R3E 3R2

Tel: (204) 789-2002
Fax: (204) 789-2036

3. The BMHC has been in continuous existence since 1947 and possess a culture collection of over 100,000 strains with hundreds of strains added each year. The BMHC is comprised of six national laboratories located in Ottawa and a further nine external collaborating centres across Canada. It offers Canadians diagnostic and reference services in the field of infectious diseases, epidemiological emergencies and technology transfer. The laboratories are staffed by 20 individuals with Ph.D.s, 30 with Bachelors of Sciences, and 79 with either Bachelors of Sciences or Community College Diplomas, with an additional 20 individuals in support and administrative roles. The areas of technical expertise of these individuals include molecular biology, microbiology, bacteriology, immunology, virology and cryopreservation. The national laboratories are supported completely by the Federal Government of Canada. The BMHC is an impartial and objective enterprise and will be available to any depositor under the same conditions, as required by the Budapest Treaty.

4. In addition to the technical expertise of its staff, the BMHC is equipped with the facilities to perform the duties of an IDA as set out in the Budapest Treaty. The instruments contained in the laboratories are modern and appropriate for the verification, receipt and storage of the organisms which it accepts for deposit. All deposits are preserved by either lyophilization (freeze-drying) or frozen. Standby electrical generating equipment is provided to ensure continuous operation of refrigeration units in the event of failure in the public supply. Freezers are equipped with alarms and probes to monitor temperature, and are connected to a centralized computer system to immediately indicate any difficulties. Deposits for patent purposes will be kept separately from other deposits and only staff authorised by the Director will have access to them. All records pertaining to deposits for patent purposes will be kept in locked files with restricted access. To minimise the risk of loss, duplicates of all deposits will be kept at a separate location.

5. The BMHC will accept for deposit: animal viruses of Risk Group Levels 1, 2 and 3, Risk Group Level 1, 2 and 3 bacteria, all bacteriophages, all mammalian cell lines, and all cloned genes. Fungi (relating to human health), hybridomas, protozoa, yeasts (relating to human health), plasmid and phage vectors, libraries and other rDNA material will also be accepted. The BMHC will only accept deposits which can be preserved without significant change to their properties by freezing or lyophilization. Deposits which cannot be so preserved or can only be maintained in active culture may be accepted on an individual basis, with prior negotiation and determination of associated fees.

6. In accordance with Rule 6.3(a) of the Regulations of the Budapest Treaty, the BMHC will require the following before a deposit will be accepted:

- that the deposit must be in appropriate form and quantity to permit the BMHC to fulfill its obligations under the Regulations to the Budapest Treaty;
- that the written statement indicated in Rule 6.1(a) or Rule 6.2(a) be properly completed in English or French;
- that the fee for storage of the deposit be paid;
- that the depositor obtains all necessary permits for the transportation and storage of the deposit.

7. In accordance with the Regulations of the Budapest Treaty, the BMHC will:

- test each deposit for viability and store it;
- issue receipts on Form BP/4, viability statements on Form BP/9 and other official notifications as required;
- comply with the prescribed secrecy requirements;
- furnish samples under the conditions of and in conformity with the prescribed procedures.

8. The following fees will apply to BMHC clients:

Viability Statement (Rule 10.1) $ 200
30 Years Storage (Rule 9.1) $ 800
30 Years of Notification of Requesting Parties (Rule 11.4(g)) $ 500
Furnishing of Samples (Rule 11.2/11.3) $ 50 + shipping
Attestation of Receipt of Revised Scientific Description (Rule 8.2) $ 50
Communication of Scientific Description to 3rd Party (Rule 7.6) $ 50
Amount for Additional 5 Years of Storage Beyond 30 Years (Rule 9.1) $ 125

This list is of base prices. Deposits requiring special conditions or care are subject to surcharges. All charges are subject to the Canadian Goods and Services Tax at the current rate. The BMHC will conduct all of its business in either English or French.