Budapest Notification No. 239
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

Communication of the Government of the Kingdom of Spain Relating to the Acquisition of the Status of International Depositary Authority by the Banco Nacional de Algas (BNA)

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 from the Government of the Kingdom of Spain, on July 29, 2005, of a written communication dated July 8, 2005, relating to the acquisition of the status of International Depositary Authority by the Banco Nacional de Algas (BNA), which states that this Depositary Institution is located on the territory of the Kingdom of Spain and includes a Declaration of Assurances to the effect that the Institution complies and will continue to comply with the requirements concerning the acquisition of the status of International Depositary Authority 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.

Pursuant to Article 7(2)(b), the Banco Nacional de Algas (BNA) shall acquire the status of International Depositary Authority under the Budapest Treaty on October 28, 2005, that is, on the day of publication of this notification.

October 28, 2005

Text of the Communication from the Government of the Kingdom of Spain Relating to the Acquisition of the Status of International Depositary Authority by the Banco Nacional de Algas (BNA)

[Original: Spanish]

COMMUNICATION

In accordance with article 7(1) of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, I have the honor, as the Director General of the Spanish Patent and Trademark Office, the competent industrial property authority, to submit the candidacy of the Banco Nacional de Algas (BNA) for the acquisition of the status of international depositary authority.

In that connection, I hereby state that BNA meets and will continue to meet the requirements listed in Article 6(2) of the above Treaty, in so far as it is a research and development center of the University of Las Palmas, Gran Canaria.

The BNA will begin operating as an international authority for the deposit of microorganisms, in accordance with the provisions of the Budapest Treaty, from the time when the communication is published by WIPO.

Attached is information on the proposed depositary institution (BNA), as required by the Budapest Treaty.

ANNEX

BANCO NACIONAL DE ALGAS (BNA)

1. Legal Status

The Banco Nacional de Algas (BNA) was founded in 1998 and currently forms part of the Group of Applied Algology (Marine Biotechnology Center - CBM) of the University of Las Palmas, Gran Canaria (ULPGC) (Spain).

The BNA has been affiliated to the European Culture Collections' Organization (ECCO) since 2001 and to the World Federation for Culture Collections (WFCC) since 2003, and has the registration number 837 at the World Data Centre for Microorganisms (WFCC-MIRCEN). The BNA enjoys the support of the Spanish Phycology Society (SEF) and the Higher Scientific Research Center (CSIC).

The BNA has a collection of about 130 species of microalgae, cyanobacteria and macroalgae. The BNA also provides information on maintenance, cultivation and application of algae and standardized ecotoxicology biotesting with algae.

2. Name and Address

Banco Nacional de Algas (BNA)
Marine Biotechnology Center
University of Las Palmas, Gran Canaria
Muelle de Taliarte s/n
35214 - Telde
Las Palmas
Spain

Telephone: (+34) 928 133290
Facsimile: (+34) 928 132830
E-mail: bna@ulpgc.es
Internet: http://www.ulpgc.es/webs/cbm/

3. Facilities and Equipment

The BNA does its work using the facilities of the Marine Biotechnology Center (CBM) of the University of Las Palmas, Gran Canaria. BNA staff can use all the services, equipment and facilities of the CBM, but the BNA also has its own services and facilities, necessary for the cultivation, verification and long-term conservation of microalgae, cyanobacteria and macroalgae. Cultures are routinely maintained by subculture. Only authorized staff have access to the strains kept at the BNA. The area occupied by the BNA is approximately 90 m2. Below is a list of the work areas and equipment which include:

3.1 Areas and equipment intended solely for the BNA

3.1.1 BNA Laboratory (30 m2)

This laboratory contains the following equipment:

- Becton Dickinson FACScalibur flow cytometer, a piece of equipment traditionally used in hospitals to study cells, used for the implementation of the project: Isolation, identification and selection of strains and monitoring of cultures by flow cytometry. The flow cytometer can distinguish and separate microalgae, cyanobacteria and macroalgae spores on the basis of their morphological and metabolic characteristics, in a more effective and easier manner than the traditional methods used in the working protocols of the culture collections
- electrophoresis equipment
- light pipette Luminova dissolved oxygen measuring device
- PEA (Photosynthetic efficiency analysis device)
- pH Meters
- conductimeters
- magnetic agitators
- oximeter

The cryoconserver, for which funding has been requested, will also be installed in this laboratory.

3.1.2 Sterile Room for Transfer of Cultures (14 m2)

Sterile room using pressurized (ultrafiltered) air and ultraviolet light, with an antichamber for changing footwear and sterilized clothing. The sterile room contains the following:

- HEPA filter for injecting pressurized air
- horizontal laminar flow cabin (Telstar H-100) where work is done to transfer cultures
- dehumidifier, in order to avoid contamination by water condensation
- 25L Hirayama autokey for sterilizing culture media and glass and plastic material
- refrigerator for keeping culture media
- stereomicroscope

Culture Chambers

- Collection Maintenance Chamber (12 m2)
Access to the chamber where the collection is kept is via the sterile room. The temperature in the chamber is regulated by an air conditioning system which has been fixed at 15±2°C and an electrical installation for regulating the intensity and quality of light as well as the photoperiod. Around the chamber perimeter metal shelves are distributed where cultures are located in agarized and liquid media, the latter being agitated by orbital agitators. Each of the shelves is provided with two pairs of fluorescent white light or daylight, which provide between 30 and 200 mmol m-2s-1 at a photoperiod of 16/8 L/O.

- Chamber for keeping cultures in the process of isolation and purification and ecotoxicity testing (12 m2)
The BNA laboratory provides direct access to this culture chamber. The chamber also has air conditioning which fixes the temperature at 20±2°C, an electrical installation for regulating the intensity and quality of light, as well as the photoperiod and a system for injecting air or a three per cent air-CO2 mixture for liquid cultures. Around the chamber perimeter metal shelves are distributed where the cultures are located in agarized and liquid media (agitated by orbital agitators) and an area intended for cultivation in photobioreactors.

3.2 Other work areas

Laboratories (120 m2)

- Analysis laboratory, containing the following equipment:
High Performance Liquid Chromotography (HPLC), a gas chromatograph, Gerhardt total nitrogen measuring device, gas extraction cabin, HPLC chromatographic purification system, spectrophotometer.

- Humid laboratory, containing the following equipment, Beckman centrifuge, Beckman ultracentrifuge, Beckman Eppendorf centrifuge, spectrophotometer, liofilizator, sealant, pH Meters, conductimeters, radiometers, system for acquiring pH and dissolved oxygen data for intensive cultivation systems (wintering devices), heaters, muffle oven, refrigerators, freezers and maintenance devices, water purification system, glass and plastic material washing device, autokeys.

- Laboratory for analyzing nutrients and heavy metals, containing: nitrate and ammonium sensors, FIA flow injection analysis device, and Trace Lab heavy metals analysis device.

Sterile Room (12 m2)

In this room the raising of cultures in a liquid medium takes place, based on strains in agarized or liquid cultures (25 ml) until maximum 20L culture volumes are obtained. The room is equipped with UV light in order to sterilize the enclosed area and a laminar flow chamber (Telstar, AH-100).

Reactant Room (7 m2)

A room where salts and inorganic reactants (classified and ordered on shelves) and organic products (classified and ordered in a cupboard with an automatic gas extraction system) are stored, intended for the preparation of culture and analytical media. This room contains the following equipment: seeding devices, precision scales, pH Meters and orbital agitators.

Photography Room (7 m2)

Room for developing and enlarging photos, contains a development and enlargement system.

Microscope Room (12 m2)

Room with stereomicroscope, optical microscope, inverted microscope and system for capturing images.

Wintering Devices (1,025 m2)

The wintering devices are equipped with an airing and a sea and fresh water channelling system:

- wintering device 1. Maintenance and cultivation of macroalgae in tanks and photobioreactors

- wintering device 2 for cultivating microalgae and cyanobacteria with raceways-type culture systems (200 m2 of usable area), photobioreactors and tanks

Harvesting and Processing Plant (1,000 m2)

- fish cultivation area: cultivation tanks, pumps for seawater and airing
- drying room: grinder, mill, 500c drier and atomizer
- extraction room: homogenizer, rotavapor and extraction chamber
- digestion and processing room: digesters and centrifuge - separator
- store for dry macroalgae and microalgae
- store for salts for preparing cultures in wintering device
- store for submarine activity equipment
- workshop
- garage: van with trailer and sampling vessel

Classroom-library (55 m2)

Administration (10 m2)

Offices (100 m2)

Apartment for six persons (90 m2)

Kitchen-Dining Room (30 m2)

4. Staff

The BNA has nine staff members, seven of whom hold academic posts and two others are technical staff.

The staff are qualified and trained to carry out the scientific and administrative tasks required by the Budapest Treaty. Appropriate measures are taken to safeguard secrecy, and ensure the objectivity and impartiality of the BNA. The work of the staff is as follows:

- management and general coordination
- conservation, sampling and monitoring viability of samples
- scientific work of direct application: flow cytometry, intensive cultures integrated polycultures, algalization processes and environmental application ecotoxicity testing
- administrative work relating to cataloguing of strains, receipt, dispatch, purchase of material, etc.
- technical work for maintenance of facilities and small laboratory teams

Staff relations:

5. Type of Organisms which may be Accepted as a Deposit

Freshwater microalgae and cynobacteria, salt, hypersalt, marine and terrestrial creatures, and marine macroalgae (complete plant) which can be preserved, with no change to their properties, by means of a subculture.

The BNA will shortly accept microalgae, cynobacteria and macroalgae (tissue or spores), which will be preserved by means of cryopreservation without any change being made thereby to their properties.

6. Technical Requirements and Procedures

6.1 Form and Quantity

Organisms must be submitted for deposit as liquid cultures or in agar. The minimum number of identical copies that must be supplied for deposit is five. The cultures of microalgae and cyanobacteria shall contain a minimum of 102 to 104 cells per millilitre, depending on the species and three plants in the case of macroalgae.

6.2 Time Required for Analysis of Viability

The average time required for analyzing viability of microalgae, cynobacteria and macroalgae accepted by the BNA is seven days, but depositors must take into account that in some cases analysis can take up to 35 days.

6.3 Depositor and Renewal of Strains

The BNA will prepare its own lots of organisms at the time of deposit, and will make a subculture of the material supplied by the depositor. The new lots are prepared according to the needs for renewal of lots which have been exhausted. Where the original material has been cryopreserved, the lots will be renewed by means of a subculture thereof or by requesting a new deposit from the depositor. The depositor will be required to analyze the authenticity of the samples of the first lot (not of subsequent lots) of the organisms prepared by the BNA. Except for the cryopreserved material, the BNA shall not store the material supplied by the depositor.

7. Administrative Requirements and Procedures

7.1 Language

The official languages of the BNA are Spanish and English.

7.2 Contract

The depositor will be required to complete the BNA application form, which constitutes a contract by means of which the depositor agrees to:

- supply all the information requested by the BNA
- pay all the requisite fees
- compensate the BNA for any claim that may arise as a result of the dispatch of samples, unless such claims are due to negligence on the part of the BNA
- not withdraw his deposit during the period required for its due storage
- authorize the BNA to supply samples, in accordance with the patent procedure requirements in force at that time

Where an organism has been accepted for deposit, the BNA will notify the depositor accordingly and will remind him that he is subject to the terms and conditions of the contract.

7.3 Regulations for Import and/or Quarantine

The type of organisms accepted by the BNA is not subject to import and/or quarantine regulations.

7.4 Making the Original Deposit

Depositors must complete the application and access forms used by the BNA for deposits, according to the Budapest Treaty, equivalent to model BP/1.

7.5 Official Notifications to the Depositor

Receipt and declaration of viability are published in the compulsory international models BP/4 and BP/9 respectively. The certificate of receipt of information or a subsequent amendment of the scientific description and/or proposal for taxonomic designation is published in model BP/8. Notification of submission of samples to third parties is published in model BP/14. For other official notifications standard models will not be used.

7.6 Non-Official Notifications to the Depositor

If requested, the BNA will communicate by telephone, fax or electronic mail the date of deposit and entry number after the organism has been received, but before the official receipt is published. However, the depositor will be informed that the information is provisional and that it depends on the result of the viability tests. The BNA will also communicate the result of the viability analysis before the certificate therefor is published.

7.7 Submission of Information to the Patent Agent

As a matter of course, the BNA will ask the depositor for the name and address of his patent agent. If required, the BNA will supply copies of the receipt of the samples, the state of viability and any other information to the depositor and to his patent agent.

7.8 Conversion of Previous Deposits

The BNA does not hold deposits made for patent purposes beyond what is stipulated in the Budapest Treaty.

7.9 Making a New Deposit

When the depositor makes a new deposit, he will be asked to complete the model form BP/2 and to attach the most relevant documents required by Article 12. The receipt and certificate of viability for a new deposit will be published as a matter of course in the international models BP/5 and BP/9.

8. Supply of Samples

8.1 Requests for Samples

The BNA will inform third parties of the procedures for the correct filing of applications. In the case of requests where supporting authorization is required, the BNA will provide the requesting parties with the application forms used by industrial property offices.

Where requests are received from abroad, the BNA assumes that the depositor is familiar with the requirements for import from his country.

All the samples sent by the BNA come from lots containing its own preparations.

8.2 Notification to the Depositor

The depositor will be informed, by letter and electronic mail, when samples of his organisms have been sent to third parties.

8.3 Deposit Catalogue under the Budapest Treaty

The BNA will publish the lists of deposits under the Budapest Treaty in its catalogues only with the written authorization of the depositor.

9. List of Fees

10. Date on which the BNA Agrees to Operate as an International Depositary Authority

The BNA agrees to operate as an International Depositary Authority from the date on which it is granted the relevant accreditation in accordance with the Budapest Treaty.