Budapest Notification No. 235
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 Relating to the Change in the Address and Requirements of the National Collection of Type Cultures (NCTC)

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 May 26, 2005, of the communication of the Government of the United Kingdom of Great Britain and Northern Ireland, dated May 24, 2005, relating to the change in the address and requirements of the National Collection of Type Cultures (NCTC), 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.

June 21, 2005


Text of the Communication by the Permanent Mission of the Government of the United Kingdom of Great Britain and Northern Ireland Relating to the Change in the Address and Requirements of the National Collection of Type Cultures (NCTC)

[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 Micro-organisms for the Purposes of Patent Procedure which was opened for signature at Budapest from 28 April to 31 December 1997.

In accordance with Article 7 of the Treaty and Rules 3.1(b) and 6.3 of the Regulations under the Treaty, the Government of the United Kingdom of Great Britain and Northern Ireland hereby notifies the World Intellectual Property Organization (in the Annex attached) of certain changes that have occurred in the activities of the United Kingdom's National Collection of Type Cultures (NCTC).

The Permanent Mission has the honour to request that the World Intellectual Property Organization circulate this notification to all Contracting States and intergovernmental industrial property organisations.


ANNEX

Changes occur in the address:

NATIONAL COLLECTION OF TYPE CULTURES (NCTC)
HPA Centre for Infections
61 Colindale Avenue
London NW9 5HT

Telephone: (44-020) 8200 4400
Facsimile: (44-020) 8205 7483
E-mail: nctc@hpa.org.uk
Internet: http://www.hpa.org.uk/nctc/

No change in 1. Requirements for Deposit

No change in (a) Kinds of Micro-organisms that may be Deposited

No change in (b) Technical Requirements and Procedures

No change in (i) Form and Quantity

No change in (ii) Time Required for Viability Testing

No change in (iii) Depositor Checks and Renewal of Stocks

Changes occur in:

(c) Administrative Requirements and Procedures

(i) General

Language. The official language of the NCTC is English. Communications in any other language are not accepted.

Contract. The NCTC application form, which the depositor is required to complete, constitutes a contract by which he is bound:

- to provide all necessary information requested by the NCTC;
- to replace the micro-organism at his expense if the NCTC is no longer able to furnish samples of it;
- to pay all necessary fees;
- to indemnify the Health Protection Agency or the NCTC against any claims which may be brought against them as a consequence of the release of samples, unless such claims result from negligence on the part of the NCTC;
- not to withdraw his deposit during the required storage period;
- to authorise the NCTC to furnish samples according to the applicable patent requirements.

A supplement to the NCTC application form requires the depositor to state whether he is acting on his own behalf or on behalf of the Organisation employing him.

Import and/or Quarantine Regulations. Animal pathogenic bacteria being sent from overseas are subject to import regulations (Importation of Animal Pathogens Order 1980; Statutory Instrument 1980 No. 1212). The HPA Centre for Infections, of which the NCTC is part, has a general license to cover the import of animal pathogens, but the depositor is required to give the NCTC his name and address and the scientific name of the organism to be deposited. Further information about the import of animal pathogens may be obtained from The Pathogens Licensing Team, DEFRA, Area 607, 1A Page Street, London SW1P 4PQ, United Kingdom.

The kinds of micro-organisms accepted for deposit by the NCTC are not subject to quarantine regulations.

(ii) Making the Original Deposit

Requirements to Be Met by the Depositor. As well as the NCTC application form referred to in (i), above, depositors are required to complete the NCTC accession form for Budapest Treaty deposits. The NCTC does not require a special form to be completed in the event of a later indication or amendment of the scientific description and/or proposed taxonomic designation or a for a request for attestation that the NCTC has received such information.

Official Notifications to the Depositor. The receipt and viability statement are issued on mandatory 'international forms' BP/4 and BP/9, respectively. Letters, rather than standard forms, are used for all other official notifications.

Unofficial Notifications to the Depositor. The NCTC does not telephone or fax the date of deposit, accession number or result of the viability test in advance of the relevant official notifications.

Supply of Information to a Patent Agent. The NCTC does not routinely ask the depositor for the name and address of his patent agent. However, if requested, it will send copies of the receipt and viability statement to both the depositor and his patent agent.

No change in (iii) Converting a Previous Deposit

No change in (iv) Making a New Deposit

No change in 2. Furnishing of Samples

No change in (a) Requests of Samples

No change in (b) Notification of the Depositor

No change in (c) Cataloguing of Budapest Treaty Deposits

No change in  3. Schedule of Fees

No change in (a)

No change in (b)

No change in (c)

No change in (d)

No change in 4. Guidance for Depositors