Budapest Notification No. 40
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

Communication of the United Kingdom of Great Britain and Northern Ireland Relating to the Acquisition of the Status of International Depositary Authority by the National Collection of Animal Cell Cultures (NCACC)

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 2, 1984, of a written communication from the Government of the United Kingdom of Great Britain and Northern Ireland, relating to the National Collection of Animal Cell Cultures (NCACC), indicating that the said depositary institution is located on the territory of the United Kingdom of Great Britain and Northern Ireland 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 National Collection of Animal Cell Cultures (NCACC) will acquire the status of international depositary authority under the Budapest Treaty as from September 30, 1984, the date of publication of the said communication in the September 1984 issue of Industrial Property/La Propriété industrielle (see Article 7(2)(b) of the said Treaty).

July 17, 1984

Text of the Written Communication of the Government of the United Kingdom of Great Britain and Northern Ireland dated June 28, 1984, Relating to the National Collection of Animal Cell Cultures (NCACC)

COMMUNICATION

Sir,

I have the honour to refer to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the purpose of Patent Procedure, opened for signature at Budapest from 28 April to 31 December 1977. In accordance with the provisions of Article 7 of the said Treaty, the Government of the United Kingdom of Great Britain and Northern Ireland nominate the National Collection of Animal Cell Cultures (NCACC) as an International Depositary Authority (IDA). The Government of the United Kingdom furnish their assurances that the NCACC complies and will continue to comply with the requirements specified in Article 6(2) of the Treaty for an IDA. The requisite information concerning this nominated Depositary Institution is set out below.

Accordingly I have the further honour to request that you carry out the procedures established by the Treaty and Regulations made under it, in connection with the acquisition of the status of IDA by the Institution nominated herein. The NCACC will start accepting deposits on 24 July 1984, and in accordance with Treaty Article 7(1)(b) hereby requests that the NCACC assumes an IDA status as from 12 July 1984.*

The NCACC is part of the Vaccine Research and Production Laboratory at the Public Health Laboratory Service (PHLS), Centre for Applied Microbiology and Research (CAMR), Porton Down, Salisbury, Wiltshire, SP4 OJG, England.

The NCACC is the responsibility of the Public Health Laboratory Service Board (PHLSB), a corporate body established in the United Kingdom by Act of Parliament in 1961.**

The NCACC occupies a suite of laboratories which have been specifically designed and built to operate an animal cell culture collection. These facilities are separate, but adjacent to, the CAMR main building. This allows the specialised technical and administrative support services in CAMR to be used without risking the biological integrity of the NCACC. A staff of 5 have been recruited to fulfil the various specialised scientific roles needed to operate the NCACC in a manner that ensures that deposits are kept viable and uncontaminated. There is an independent Scientific Advisory Committee which includes individuals prominent in the field of culture collections and cell biology. The NCACC performs its work in an impartial and objective way, and will be available for the purposes of Deposit under the Treaty to any Depositor under the same conditions.

The NCACC has all the facilities necessary for the culturing, checking and long term preservation of animal cells. Cultures are stored routinely by freezing in liquid nitrogen. Patent cultures are stored in a locked refrigerator, and are subject to regular audit. Only authorised staff have access to them. To minimise the risk of loss, duplicate cultures and records are stored in a building separate from that housing the main collection.

The NCACC is equipped and run in full accordance with the United Kingdom Health and Safety at Work, etc, Act, 1974, and in accordance with the advice contained in the 'Code of Practice for the Prevention of Infection in Clinical Laboratories and Post-Mortem Rooms' (HMSO 1978), so far as is reasonable and practicable.

The NCACC will accept for deposit cell lines that can be preserved without significant change to or loss of their properties by freezing and long term storage.

A statement on their possible pathogenicity to man and/or animals is required.

In accordance with the Regulations under the Budapest Treaty, the NCACC will, in respect of cell lines referred to in paragraphs 6 and 8 above:

a) examine the viability of cell lines and store them;
b) issue receipt and viability statements as prescribed;
c) comply with the prescribed secrecy requirements; and
d) furnish samples under the conditions and in conformity with the prescribed procedures.

On behalf of the nominated Depositary Institution, I have the honour to inform you that in accordance with Rule 6.3(a) of the Regulations referred to above, the NCACC requires before it will accept cell lines for deposit:

i) that a deposit of cell lines should be in an appropriate form and adequate quantity to enable NCACC to carry out properly its duties under the regulations;
ii) that Accession Forms established by the NCACC for the purpose of administrative procedures (annexed hereto) be completed;
iii) that the written statement referred to in Rule 6.1(a) or 6.2(a) be drafted in English;
iv) that the fee for storage referred to in Rule 12.1(a)(i) be paid; and
v) that the depositor complete the Application Form of the NCACC (annexed hereto) in order to enter into a contract with the NCACC establishing terms and conditions on which deposit will be accepted.

The following fees will be payable to the Public Health Laboratory Service Board:

All charges paid within the United Kingdom are subject to Value Added Tax at the current rate.

The official language of the NCACC is English.

I avail myself of this opportunity to renew to you, Sir, the assurance of my high consideration.

* [Note by the International Bureau of WIPO: in accordance with Article 7(2)(b) of the Treaty, the status of international depositary authority is acquired from the date of publication, in this instance, September 30, 1984, in as much as the date indicated (12 July 1984) is not later than the date of publication.]

** Public Health Laboratory Service Act, 1960, now incorporated into the National Health Service Act, 1977, which has been amended by Public Health Laboratory Service Act, 1979.