Budapest Notification No. 39
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

Communication of France Relating to the Acquisition of the Status of International Depositary Authority by the Collection Nationale de Cultures de Micro-organismes

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 June 8, 1984, of a written communication from the Government of France, relating to the Collection Nationale de Cultures de Micro-organismes, indicating that the said depositary institution is located on the territory of France 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.

The Collection Nationale de Cultures de Micro-organismes will acquire the status of international depositary authority under the Budapest Treaty as from August 31, 1984, the date of publication of the said communication in the July/August 1984 issue of Industrial Property/La Propriété industrielle (see Article 7(2)(b) of the said Treaty).

June 29, 1984


Text of the Written Communication of the Government of France dated June 5, 1984, Relating to the Collection Nationale de Cultures de Micro-organismes

COMMUNICATION

1. The Collection Nationale de Cultures de Micro-organismes (CNCM) is located in France, at the headquarters of the Institut Pasteur, 28 rue du Dr. Roux, 75724 PARIS CEDEX 15.

2. The Institut Pasteur is a foundation recognized as a public utility engaged in research and teaching which is financed by Government subsidies, donations and proprietary funds. The CNCM is an autonomous department of the Institut Pasteur which is independent of the latter's research units and operates under the direct authority of the management of the Institut.

3. The CNCM was set up by a Governmental Order dated April 30, 1976, as amended on July 20, 1981, from the existing structures of the Bacteria Collection of the Institut Pasteur (CIP), whose existence is associated with the origins of the teaching of bacteriology, and which takes care of the storage, identification and release of bacterial strains.

4. The CNCM has a twofold purpose:

- as the national collection, it coordinates and organizes the distribution of samples of bacteria, filamentous fungi and yeasts requested of the CIP and other specialized scientific collections of the Institut Pasteur, such as the collections of anaerobic bacteria, entomopathogenic bacteria, cyanobacteria, mycobacteria and fungi of medical interest, etc.;

- as the authorized microorganism collection for patent matters, it receives deposits for the purposes of national and international patent procedures.

5. Before 1976, in the absence of specific provisions in French patent law, the microorganism collections of the Institut Pasteur already accepted deposits of strains made by patent applicants. The Order of April 30, 1976, which set up the CNCM enabled it to draw up initial regulations governing the deposit of strains and the release of samples in connection with patent applications, which were subsequently expanded and amended in line with the amendments to French legislation and international conventions that occurred in this area. Since 1976 the CNCM has received 256 deposits of microorganisms for the purposes of patent procedure.

6. The CNCM is a member of the World Federation for Culture Collections (WFCC). It performs its tasks impartially and objectively, and is available to all depositors under the same conditions for the deposit of microorganisms.

The staff strength of the CNCM is three persons with university diplomas or the qualifications necessary for the scientific, technical or administrative tasks that are entrusted to them. The Director of the CNCM is assisted by a scientific board of four microbiologists of the Institut Pasteur, who are responsible for deposits of bacteria, fungi, viruses and cellular cultures respectively. Moreover, the CNCM benefits from the competence of the specialized laboratories of the Institut Pasteur, with which it works in close collaboration. Finally, the examinations that call for specific technology are carried out with the assistance of expert scientists.

The CNCM has at its disposal the premises and technical installations necessary for the storage, monitoring and maintenance of deposited microorganisms. Security measures are applied to minimize the risk of accidental loss of deposits (double storage, alarm system).

7. Types of microorganisms that are accepted under the Budapest Treaty:

- Bacteria (including actinomycetes);
- Bacteria containing plasmids;
- Filamentous fungi and yeasts;
- Viruses.

Exceptions to the above are:

- microorganisms whose manipulation calls for physical insulation standards of P3 or P4 level, according to the information provided by the National Institutes of Health (NIH) in "Guidelines for Research Involving Recombinant DNA Molecules" and "Laboratory Safety Monograph";

- microorganisms liable to require viability testing that the CNCM is technically not able to carry out;

- mixtures of undefined and/or unidentifiable microorganisms.

The CNCM reserves the possibility of refusing any microorganism for security reasons: specific risks to human beings, animals, plants and the environment.

8. Types of microorganisms that are not accepted under the Budapest Treaty:

- cellular cultures (animal cells, including hybridomes and plant cells).

9. In the eventuality of the deposit of cultures that are not or cannot be lyophilized, the CNCM has to be consulted, prior to the transmittal of the microorganism, regarding the possibilities and conditions for acceptance of the samples, but it is in fact advisable to make this prior consultation in all cases.

10. Subject to the conditions laid down in the Budapest Treaty and the Regulations under it, the CNCM:

- accepts the deposit of the microorganisms referred to under 7, examines them for purity and viability and stores them;
- issues a receipt and the required statements regarding viability;
- observes secrecy with regard to deposited microorganisms;
- releases samples of any deposited microorganism.

11. The fees charged by the CNCM under Rule 12.1 of the Regulations under the Budapest Treaty for the operations referred to under 10 are as follows:

Storage Fee: French francs (before tax)
  - for bacteria, fungi and yeasts, lyophilized or lyophilizable 3,500
  - for all other acceptable cultures case by case fee
Fee for the furnishing of samples: (cost of transport in addition) 600
(except in specific cases)
Fee for the issue of a viability statement:  
  - requiring a viability test 600
(except in specific cases)
  - in other cases 100
Fee for the communication of information or issue of an attestation: 200

The above fees are subject to value-added tax (VAT), according to French provisions currently in force.

12. French is the official language of the CNCM. However, forms are drafted in English as well as in French, and correspondence may be conducted in English with non-French speaking clients.

(Translation)