Budapest Notification No. 197
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 Limitation of the Status of International Depositary Authority of, Clarification on the Types of Viruses Accepted by, Extension of the List of Kinds of Microorganisms Accepted by, and Change of Name of 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 August 15, 2001, of a written communication dated August 13, 2001, from the Government of Canada, relating to:

- the limitation of the status of International Depositary Authority (IDA) of the Bureau of Microbiology at Health Canada (BMHC), 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. 171 of November 13, 1998),

- the clarification on the types of viruses accepted by the BMHC,

- the extension of the list of kinds of microorganisms accepted by the BMHC, and

- the change of name of the BMHC. The name of this IDA is changed, with immediate effect, to "National Microbiology Laboratory, Health Canada (NMLHC)."

Pursuant to Article 8(2)(b) of the Budapest Treaty and Rule 4(2)(c) of the Regulations under the said Treaty, the limitation of the status of IDA with respect to the organisms "protozoa" shall take place at the expiration of three months from the date of the above-mentioned communication from the Government of Canada, that is, on November 13, 2001.

The notifications and information relating to the international depositary authorities under the Budapest Treaty and its Regulations are no longer published in our periodical Intellectual Property Laws and Treaties, but are published on WIPO's website.

October 17, 2001


Text of the Communication of the Government of Canada Relating to the:
Limitation of the Status of International Depositary Authority of, Clarification on the Types of Viruses Accepted by, Extension of the List of Kinds of Microorganisms Accepted by, and Change of Name of the Bureau of Microbiology at Health Canada (BMHC)

[Original: English]

The Permanent Mission of Canada to the United Nations in Geneva presents its compliments to the World Intellectual Property Organization and has the honor to refer to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (the "Budapest Treaty"), done at Budapest on April 28, 1977, and amended on September 26, 1980.

In accordance with the Regulations under the Budapest Treaty (the "Regulations"), the International Depositary Authority (IDA) of the Bureau of Microbiology, Health Canada, located at 1015 Arlington Street, Winnipeg, MB, Canada, R3E 3R2, would like to request the following amendments to the terms of its operation as an IDA.

1. As a result of recent reorganizations within Health Canada, we can no longer provide assurances that we have suitable expertise to handle deposits of protozoa and accordingly, request that these organisms be removed from the original assurances pursuant to Article 8.2(a) of the Budapest Treaty.

2. Clarification on the types of viruses accepted is also requested. Only viruses which can be propagated and assessed for viability in cell culture can be accepted as we do not have suitable resources to handle viruses which require an animal host or more exotic methodology. At present neither of these types of microorganisms have been deposited with our IDA.

3. Additionally, under Rule 3.3 of the Regulations, we would like to remove the current limitation on the acceptance of fungi and yeasts relating to human health and to extend our assurances to include all organisms of these kinds. The technical expertise possessed by our IDA in respect of the handling of disease causing organisms of these types can easily be extended to more benign varieties and it is unfair to make this limitation to potential depositors. We would suggest that the revised list of acceptable microorganisms set out in paragraph 5 of the Declaration of Assurances should read:

…... animal viruses of Risk Group Levels 1, 2 and 3 which can be propagated in cell culture, Risk Group Levels 1, 2 and 3 bacteria, all bacteriophages, all mammalian cell lines, and all cloned genes. Fungi, hybridomas, yeasts, plasmid and phage vectors, libraries and other rDNA material will also be accepted.

4. Finally, as a result of the aforementioned reorganization within Health Canada, the Bureau of Microbiology has gained directorate status and is now officially known as the National Microbiology Laboratory. The new designation of this IDA should read as follows:

International Depositary Authority of Canada
National Microbiology Laboratory, Health Canada (NMLHC)
Canadian Science Centre for Human and Animal Health
1015 Arlington Street
Winnipeg, MB
Canada
R3E 3R2

Tel: +1 (204) 789-2070
Fax: +1 (204) 789-2097