Budapest Notification No. 221
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

Communication by the Government of the United Kingdom of Great Britain and Northern Ireland Regarding a Limitation of the Status of International Depositary Authority with Respect to Certain Kinds of Microorganisms and Changes in the Address of, and a New Schedule of Fees Charged by, the European Collection of Cell Cultures (ECACC)

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 July 6, 2004, of the communication of the Government of the United Kingdom of Great Britain and Northern Ireland, dated July 2, 2004, regarding a limitation of the status of international depositary authority with respect to certain kinds of microorganisms and changes in the address of, and a new schedule of fees charged by, the European Collection of Cell Cultures (ECACC), 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. 40 of July 17, 1984).

Pursuant to Article 8(2)(b) of the Budapest Treaty and Rule 4.2(c) of the Regulations under the Budapest Treaty, the limitation of the status of international depositary authority with respect to "bacteria, pathogenic yeasts and fungi and pathogenic protozoa," shall take place at the expiration of three months after the date of the above-mentioned communication of the Government of the United Kingdom of Great Britain and Northern Ireland, that is, on October 2, 2004.

According to Rule 12.2(c) of the Regulations under the Budapest Treaty, the fees set forth in the said communication shall take effect on August 18, 2004, that is, on the thirtieth day following the publication of the change by the International Bureau.

July 19, 2004


Text of the Communication by the Government of the United Kingdom of Great Britain and Northern Ireland Regarding a Limitation of the Status of International Depositary Authority with Respect to Certain Kinds of Microorganisms and Changes in the Address of, and a New Schedule of Fees Charged by, the European Collection of Cell Cultures (ECACC)

[Original: English]

COMMUNICATION

The Permanent Mission of the United Kingdom of Great Britain and Northern Ireland presents its compliments to the World Intellectual Property Organization (WIPO) and has the honour to refer to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, opened for signature at Budapest from April 28 to December 31, 1977, and to the previous communication from the Government of the United Kingdom of Great Britain and Northern Ireland concerning the change of status and fees of the European Collection of Cell Cultures (ECACC).

In accordance with Rule 4.2 of the Regulations under the Budapest Treaty, the Government of the United Kingdom of Great Britain and Northern Ireland hereby notify you that, as a result of recent reorganisation within the ECACC, they can no longer provide assurances that they have suitable expertise to handle deposits of bacteria, pathogenic yeasts and fungi and pathogenic protozoa and accordingly, request that these organisms be removed from the original assurances pursuant to Article 8.2(a) of the Budapest Treaty.

And in accordance with Rule 12.2 of the Regulations of the Budapest Treaty, the Government of the United Kingdom of Great Britain and Northern Ireland hereby notify you that the amounts of fees charged by the ECACC will be modified from the thirtieth day following the publication of the change by the International Bureau (see attached Annex).

I have the honour to request that you circulate this notification to all Contracting States and inter-governmental industrial property organisations.

The Government of the United Kingdom of Great Britain and Northern Ireland further notify you that the current details of the ECACC have been modified (see attached Annex).


ANNEX

UNITED KINGDOM
INTERNATIONAL DEPOSITARY AUTHORITY

European Collection of Cell Cultures (ECACC)
Health Protection Agency - Porton Down
Salisbury, Wiltshire SP4 0JG

Telephone: (44-1980) 61 25 12
Facsimile: (44-1980) 61 13 15
E-mail: ecacc@hpa.org.uk
Internet: http://www.ecacc.org.uk

KINDS OF MICROORGANISMS THAT MAY BE DEPOSITED

Animal cell lines, human cell lines, genetically modified cell lines, and hybridomas that can be preserved without significant change to or loss of their properties by freezing and long-term storage. Viruses capable of assay in cell culture, eukaryotic and viral recombinant DNA as naked DNA or cloned in a host organism.

Organisms up to and including Advisory Committee on Dangerous Pathogens (ACDP) Category 4 and Advisory Committee on Genetic Modification (ACGM) Activity Class 4 are accepted for deposit.

Note that:

- No patent deposit should be sent to ECACC without a Biohazard Risk Assessment having been first received and reviewed by ECACC. Following favorable review of a Risk Assessment the customer will be invited to ship the material for deposit. Risk Assessment forms can be accessed from the ECACC website.

- Processing of material that requires handling at Containment Level 4 may require a longer period to completion depending on the availability of high containment facilities. The price charged for such high containment processing is necessarily higher to reflect the increased cost to ECACC.

- Genetically modified organisms evaluated as Activity Class 2 to 4 cannot be accepted until ECACC has obtained authorization from the UK Health and Safety Executive (HSE). ECACC has to pay a fee for this authorization and this will be charged to the customer (see below). A time of several weeks should be allowed for this approval process.

- ECACC reserves the right to refuse to accept any material for deposit that, in the opinion of the curator, presents an unacceptable risk or is technically unsuitable to handle. ECACC will only accept organisms that do not significantly change after long-term storage at the appropriate temperature.

SCHEDULE OF FEES

1. Cell lines GBP
  (a) Deposit and storage, including certification and viability statement 950
  (b) Issuance of a (new or updated) viability statement 80
       
2. Viruses  
  (a) Deposit and storage, including certification and viability statement 1,100
  (b) Issuance of a (new or updated) viability statement 150
       
3. Eukaryotic and viral recombinant DNA either as naked DNA or cloned into a host organism  
  (a) Deposit and storage, including certification and viability statement 600
  (b) Issuance of a new (or updated) viability statement 80
       
4. General  
  (a) Organisms requiring Level 4 containment Price on application
  (b) ACGM 2 to 4 assessment and HSE registration charge 500
  (c) Furnishing of a sample (excluding carriage costs) 100
  (d) Issuance of (new or amended) certification 50
  (e) Administration fee for amendments 50

Fees plus VAT, where applicable, are payable to the Health Protection Agency - Porton Down.