Budapest Notification No. 53
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
Notification by the United Kingdom of Great Britain and Northern Ireland of an Extension of the List of Kinds of Microorganisms Accepted and a Change in Fees Charged by the National Collection of Industrial Bacteria (NCIB)
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 September 3, 1986, of a notification dated August 29, 1986, by which the Government of the United Kingdom of Great Britain and Northern Ireland states that the assurances furnished by it in respect of the National Collection of Industrial Bacteria (NCIB), an institution having the status of 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 (see Budapest Notification No. 24 of February 2, 1982), are extended to include the kinds of microorganisms specified in the notification of the said Government and also states a change in the fees charged by the National Collection of Industrial Bacteria (NCIB) as such an authority. The text of that notification is attached.
The said assurances shall become applicable to the kinds of microorganisms specified in the notification of the Government of the United Kingdom of Great Britain and Northern Ireland as from the date (October 31, 1986) of the publication in the October 1986 issue of Industrial Property/La Propriété industrielle of that notification.
The fees set forth in the said notification will apply as from the thirtieth day following the date (October 31, 1986) of the publication of the said fees in the October 1986 issue of Industrial Property/La Propriété industrielle, that is, as from November 30, 1986 (see Rule 12.2(c) of the Regulations under the Budapest Treaty), and will replace the fees for the storage of a microorganism, the issuance of a viability statement (where a fee may be charged) and the furnishing, in accordance with Rule 11.2 or Rule 11.3, of a sample, as published in the January 1985 issue of Industrial Property/La Propriété industrielle (see Budapest Notification No. 41 of December 17, 1984).
September 26, 1986
Text of the Notification of the Government of the United Kingdom of Great Britain and Northern Ireland, dated August 29, 1986, stating an extension of the list of kinds of microorganisms accepted for deposit and a change in fees charged by the National Collection of Industrial Bacteria (NCIB)
NOTIFICATION
1. I have 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.
2. In accordance with Rule 3.3 of the Regulations under that Treaty, the Government of the United Kingdom of Great Britain and Northern Ireland hereby notify you that the assurances furnished in its communication of January 4, 1982, that the National Collection of Industrial Bacteria (NCIB), currently holding the status of International Depositary Authority, complies and will continue to comply with the requirements specified in Article 6(2) of the Treaty, are hereby extended and now include the following kinds of microorganisms:
(a) Bacteria, including actinomycetes, that can be preserved without significant change to their properties by liquid nitrogen freezing or by freeze drying (lyophilisation), and which are allocated to a hazard group no higher than Group 2 as defined by the UK Advisory Committee on Dangerous Pathogens (ACDP);
(b) Plasmids, including recombinants, either
(i) cloned into a bacterial or actinomycete host, or
(ii) as naked DNA preparations.
As regards (i) above, the hazard category of the host with or without its plasmid must be no higher than ACDP Group 2.
As regards (ii) above, the phenotypic markets of the plasmids must be capable of expression in a bacterial or actinomycete host and must be readily detectable. In all cases, the physical containment requirements must not be higher than level II as defined by the UK Genetic Manipulation Advisory Group (GMAG) and the properties of the deposited material must not be changed significantly by liquid nitrogen freezing or freeze-drying;
(c) Bacteriophages that have a hazard rating and containment requirement no greater that those cited in (a) and (b) above and which can be preserved without significant change to their properties by liquid nitrogen freezing or by freeze-drying.
3. Notwithstanding the foregoing, the NCIB reserves the right to refuse to accept any material for deposit which in the opinion of the Curator presents an unacceptable hazard or is technically too difficult to handle.
4. In accordance with Rule 12.2 of the Regulations under the Treaty, the Government of the United Kingdom of Great Britain and Northern Ireland further notify you that as from the thirtieth day following publication of the change by the International Bureau, the fees charged by the National Collection of Industrial Bacteria will be as follows in regard to the items indicated:
| - for storage of a micro-organism in accordance with the Treaty | £225 | ||
| - for the issue of a viability statement where a fee may be charged | £40 | ||
| - for the furnishing of a sample in accordance with Rule 11.2 or Rule 11.3: | |||
| (i) to commercial organizations | £18 + actual cost of carriage | ||
| (ii) to non-profit making organizations | £9 + actual cost of carriage | ||
The fees are payable to the National Collection of Industrial Bacteria. Charges paid by individuals or organizations within the United Kingdom are subject to Value Added Tax at the current rate for carriage charges only. The correct form for the address of the NCIB is now:
The National Collection of Industrial Bacteria
c/o The National Collections of Industrial and Marine Bacteria Ltd
Torry Research Station
P.O. Box 31
135 Abbey Road
Aberdeen AB9 8DG
United Kingdom
5. I have the honour to request that you circulate this notification to all Contracting States and inter-governmental industrial property organizations.