Budapest Notification No. 63
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

Communication of the Union of Soviet Socialist Republics Relating to the Acquisition of the Status of International Depositary Authority by the Institute of Microorganism Biochemistry and Physiology of the USSR Academy of Science, by the USSR Research Institute for Genetics and Industrial Microorganism Breeding of the USSR Ministry of the Medical and Microbiological Industry and by the USSR Research Institute for Antibiotics of the USSR Ministry of the Medical and Microbiological Industry

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 24, 1987, of a written communication, dated June 17, 1987, from the Government of the Union of Soviet Socialist Republics, relating to the Institute of Microorganism Biochemistry and Physiology of the USSR Academy of Science, the USSR Research Institute for Genetics and Industrial Microorganism Breeding of the USSR Ministry of the Medical and Microbiological Industry, and the USSR Research Institute for Antibiotics of the USSR Ministry of the Medical and Microbiological Industry, indicating that the said depositary institutions are located on the territory of the Union of Soviet Socialist Republics and including a declaration of assurances to the effect that the said institutions comply 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, and amended on September 26, 1980.

The Institute of Microorganism Biochemistry and Physiology of the USSR Academy of Science, the USSR Research Institute for Genetics and Industrial Microorganism Breeding of the USSR Ministry of the medical and Microbiological Industry, and the USSR Research Institute for Antibiotics of the USSR Ministry of the Medical and Microbiological Industry will acquire the status of international depositary authority under the Budapest Treaty as from August 31, 1987, the date of publication of the said communication in the July/August 1987 issue of Industrial Property/La Propriété industrielle.

July 28, 1987

Text of the Written Communication of the Government of the Union of Soviet Socialist Republics dated June 17, 1987, Relating to the Institute of Microorganism Biochemistry and Physiology of the USSR Academy of Science, the USSR Research Institute for Genetics and Industrial Microorganism Breeding of the USSR Ministry of the Medical and Microbiological Industry, and to the USSR Research Institute for Antibiotics of the USSR Ministry of the Medical and Microbiological Industry

I have the honor to inform you that the Government of the Union of Soviet Socialist Republics has designated as international depositary authorities under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure of April 28, 1977, the Institute of Microorganism Biochemistry and Physiology of the USSR Academy of Science, the USSR Research Institute for Genetics and Industrial Microorganism Breeding of the USSR Ministry for the Medical and Microbiological Industry and the USSR Research Institute for Antibiotics of the USSR Ministry of the Medical and Microbiological Industry.

I assure you that the above establishments comply and will continue to comply with the conditions set forth in Article 6(2) of the Treaty.

I ask you to regard this letter and its enclosures as the official communication concerning the designation of the above establishments as international depositary authorities in accordance with Article 7(1) of the aforementioned Treaty and Rule 3.1 of the Regulations under it.

COMMUNICATION

by the Government of the Union of Soviet Socialist Republics Concerning the Designation of the USSR Research Institute for Genetics and Industrial Microorganism Breeding of the USSR Ministry of the Medical and Microbiological Industry as an International Depositary Authority

1. Pursuant to the provisions of Article 7 of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, the Government of the Union of Soviet Socialist Republics hereby designates the USSR Research Institute for Genetics and Industrial Microorganism Breeding of the USSR Ministry of the Medical and Microbiological Industry as an international depositary authority.

2. The collection of industrial microorganisms at the aforementioned Institute complies and will continue to comply with all the conditions set forth in Article 6(2) of the Budapest Treaty.

3. Name and address of the depositary institution:

USSR Research Institute for Genetics and Industrial Microorganism Breeding;

Address: USSR, 113545, Moscow,
Dorozhnaya Street, No. 8,
USSR Research Institute for Genetics and Industrial Microorganism Breeding,
USSR Collection of Microorganisms.

4. Information concerning the conditions set forth in Article 6(2) of the Budapest Treaty:

The USSR Collection of Industrial Microorganisms was created in 1969 as the central collection of the General Directorate of the Microbiological Industry of the USSR Council of Ministers; it collects industrial microorganism strains and also genetically-marked strains necessary for the execution of research work in the field of molecular genetics, microorganism genetics, genetic engineering, etc.

Since 1976 it has been performing the functions of microorganism depositary body for the purposes of patent procedure, pursuant to the provisions of the USSR legislation on inventions.

The USSR Collection of Industrial Microorganisms is a subdivision of the USSR Research Institute for Genetics and Industrial Microorganism Breeding; its expenses are defrayed by the budget of the State.

The staff assigned to the Collection are highly qualified: eight persons are holders of science degrees or doctorates.

The Collection comprises seven sections organized according to taxonomic or functional criteria: (1) fungi, (2) yeasts, (3) actinomycetes, (4) industrial bacteria, (5) genetically-marked bacteria, (6) phages, (7) producers of ferments from nucleic acid exchange. The head of each section is the holder of the title of Biological Science Licentiate, or has at least engaged in university studies. The Collection further has a microorganism cytology group and a department for the verification and recording of strains.

The Collection carries out its functions impartially and objectively, observing the necessary rules regarding secrecy and, for the purposes of deposits under the Treaty, it accords the same terms to all depositors.

The collection has four microbiological research laboratories, one room for the lyophilization of microorganisms, one storage area for the preservation of lyophilized cultures at a temperature of +12°C and another for the storage of cultures at low temperature (+5°C, -20°C, -70°C and -196°C).

5. Types of microorganisms accepted for deposit:

Bacteria (including actinomycetes) and microscopic fungi (including yeasts) for essentially industrial and non-medical purposes are accepted for deposit, to the exclusion of microorganisms that cause disease in man and animals and microorganisms that have a toxicogenic effect on plants or require them to be quarantined.

6. Types of fee and amounts (in roubles):

- for the deposit of a microorganism and its storage for 30 years: 800;

- for each additional five-year period of storage: 100;

- for the furnishing of a sample of a deposited microorganism: 50.

The above amounts do not include mailing charges, which are invoiced separately at cost.

7. Official language:

The official language is Russian. Correspondence may also be exchanged in English.

[End of communication]

COMMUNICATION

by the Government of the Union of Soviet Socialist Republics Concerning the Designation of the Institute of Microorganism Biochemistry and Physiology of the USSR Academy of Science as an International Depositary Authority

1. Pursuant to the provisions of Article 7 of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, the Government of the Union of Soviet Socialist Republics hereby designates the Institute of Microorganism Biochemistry and Physiology of the USSR Academy of Science as an international depositary authority.

2. The collection of microorganisms of the aforementioned Institute complies and will continue to comply with all the conditions set forth in Article 6(2) of the Budapest Treaty.

3. Name and address of the depositary institution:

Institute of Microorganism Biochemistry and Physiology of the USSR Academy of Science;

Address: USSR, 142292, Moscow Region,
Pushchino-na-Oke, Institute of Microorganism Biochemistry and Physiology of the USSR Academy of Science,
USSR Collection of Microorganisms.

4. Information concerning the conditions set forth in Article 6(2) of the Budapest Treaty:

The USSR Collection of Microorganisms was created in 1958 as a model cultures section of the Microbiology Institute of the USSR Academy of Science, and since 1981 it has been operating as a USSR Collection of Microorganisms at the Institute of Microorganism Biochemistry and Physiology of the USSR Academy of Science. Its expenses are defrayed by the budget of the State.

The staff assigned to the Collection are highly qualified: 12 persons are holders of science degrees or doctorates.

The Collection comprises subdivisions specialized by microorganism category (actinomycetes, bacteria, fungi, yeasts and cells embodying recombinant DNA) and according to storage methods and chemotaxonomic characteristics; its premises are located in Moscow and in Pushchino-na-Oke. It has laboratories for the storage of lyophilized cultures, a room equipped for the lyophilization of microorganisms and special areas for the storage of microorganisms either in liquid nitrogen or at a temperature of +4 to +5°C. The Collection has a separate depot in which duplicates of all microorganism cultures are kept. This measure is designed to afford more reliable storage for microorganism cultures in the Collection or on deposit.

The Collection is highly experienced in the deposit of microorganisms for the purposes of patent procedure in the USSR. It carries out all its functions in compliance with all the necessary rules of secrecy, impartially and objectively, and accords the same terms to all depositors, which is fully in keeping with the conditions set forth in the Budapest Treaty and the Regulations under it.

5. Types of microorganism accepted for deposit:

Bacteria (including actinomycetes) and microscopic fungi (including yeasts), also if they are carriers of recombinant DNA, are accepted for deposit, to the exclusion of microorganisms that cause diseases in man and animals and microorganisms that have a toxicogenic effect on plants or require them to be quarantined.

6. Types of fee and amounts (in roubles):

- for the deposit of a microorganism and its storage for 30 years: 800;

- for each additional five-year period of storage: 100;

- for the furnishing of a sample of a deposited microorganism: 50.

The above amounts do not include the mailing charges, which are invoiced separately at cost.

7. Official language:

The official language is Russian. Correspondence may also be exchanged in English.

[End of communication]

COMMUNICATION

by the Government of the Union of Soviet Socialist Republics Concerning the Designation of the USSR Research Institute for Antibiotics of the USSR Ministry of the Medical and Microbiological Industry as an International Depositary Authority

1. Pursuant to the provisions of Article 7 of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, the Government of the Union of Soviet Socialist Republics hereby designates the USSR Research Institute for Antibiotics of the USSR Ministry of the Medical and Microbiological Industry as an international depositary authority.

2. The collection of microorganisms of the aforementioned Institute complies and will continue to comply with the conditions set forth in Article 6(2) of the Budapest Treaty.

3. Name and address of the depositary institution:

USSR Research Institute for Antibiotics;

Address: USSR, 113105, Moscow, Nagatinskaya Street 3-a,
USSR Research Institute for Antibiotics, Collection of Microorganisms.

4. Information concerning the conditions set forth in Article 6(2) of the Budapest Treaty:

The Collection has existed since 1956 as a subdivision of the USSR Research Institute for Antibiotics. Its expenses are defrayed by the budget of the State.

The Collection has been taking care of the deposit of microorganisms for the purposes of patent procedure since 1966.

The highly-qualified staff assigned to the collection have sufficient qualifications for the accomplishment of the scientific and administrative tasks incumbent on them under the Budapest Treaty. The Collection is highly experienced in the preservation of the taxonomic properties and of the activity of antibiotic-producing strains. It carries out its functions impartially and objectively, observing the necessary rules concerning secrecy and, for the purposes of deposits under the Budapest Treaty, it accords the same terms to all depositors.

The Collection has the necessary premises, which comprise a cold room and a lyophilization plant for microorganisms. All the cultures in the collection are stored in their lyophilized state at +5°C; the storage of the duplicates takes the form of storage in the ground, in mineral oil, or periodical re-seeding. There are also plans to make use of the method of storage in liquid nitrogen in the future.

5. Types of microorganism accepted for deposit:

Bacteria (including actinomycetes) and microscopic fungi (including yeasts) for essentially medical purposes are accepted for deposit, to the exclusion of microorganisms that cause disease in man and animals and microorganisms that are toxicogenic for plants or require them to be quarantined.

6. Types of fee and amounts (in roubles):

- for the deposit of a microorganism and its storage for 30 years: 800;

- for each additional five-year period of storage: 100;

- for the furnishing of a sample of a deposited microorganism: 50.

The above amounts do not include mailing charges, which are invoiced separately at cost.

7. Official language:

The official language is Russian. Correspondence may also be exchanged in English.

[End of communication]

REGULATIONS

on the Collection of Payments (Fees) Charged for the Services Provided by the International Depositary Authorities in the USSR under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

1. Pursuant to the provisions of Article 7 of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, the following institutions are hereby designated as international depositary authorities in the USSR:

Institute of Microorganism Biochemistry and Physiology of the USSR Academy of Science (IBFM);

USSR Research Institute for Genetics and Industrial Microorganism Breeding of the USSR Ministry of the Medical and Microbiological Industry (Genetics Institute);

USSR Research Institute for Antibiotics of the USSR Ministry of the Medical and Microbiological Industry (VNIIA).

Pursuant to Rule 12 of the Regulations under the Budapest Treaty, the aforementioned three institutions charge payments (fees) in the following amounts for the deposit of microorganisms for the purposes of patent procedure and for the other services that they provide:

- for the deposit of a microorganism and its storage for 30 years: 800 roubles

- for each additional five-year period of storage: 100 roubles

- for the furnishing of a sample of a deposited microorganism, except where the sample is furnished under Rule 11.1 of the Regulations under the Budapest Treaty: 50 roubles

- charge for dispatch by post: according to real cost

2. The prescribed fees have to have been settled on the date of the submission of the corresponding declarations to the international depositary authority.

Payments relating to the initial deposit may be made later, but before the expiry of a month from the day on which the depositor receives confirmation of receipt of the microorganism from the international depositary authority.

By way of confirmation of payment, the depositor sends the corresponding bank advice to the international depositary authority.

3. If the depositor allows the time limit for payment for the initial deposit, mentioned under 2 in these Regulations, to expire, he may still pay the fee, increased by 10%, on condition that he does so within six months following the date on which the declaration of deposit was submitted.

If the international depositary authority does not, within a period of six months following the date of submission of the declaration of deposit, receive proof of payment of the fee, the declaration of deposit is treated as if it has not been submitted.

4. The sums paid by way of fees may be repaid at the request of the person who filed the declaration in the following circumstances:

(a) if the payment was made by mistake;

(b) if the depositor requests the return of the microorganism that he has submitted for deposit before a certificate attesting the receipt and acceptance of the microorganism is issued to him;

(c) if the sample of the microorganism furnished on request proves non-viable.

The amount paid is repaid after deduction of any expenses that may have been incurred.

5. Foreign natural persons and legal entities that have their domicile or permanent headquarters abroad make the payment provided for in these Regulations by transferring the corresponding sums in currency to account No. 71.680.084 of the USSR Academy of Science at the USSR Foreign Trade Bank (IBFM collection) or to account No. 716.300.030 of the USSR Ministry of the Medical and Microbiological Industry, also at the USSR Foreign Trade Bank (Genetics Institute and VNIIA collections).

6. Expenses arising from the deposit of microorganisms for the purposes of patent procedure by natural persons and legal entities of the USSR, and also from the furnishing to natural persons or legal entities of the USSR of samples of deposited microorganisms, are met by the IBFM, the Genetics Institute and the VNIIA within the limits of available finance.

7. On request, the prescribed amount of fees may be reduced by 50% for depositors from developing countries.

The decision to reduce the amount of a fee is taken by the President of the USSR Academy of Science or by the USSR Minister of the Medical and Microbiological Industry.

The request for a reduction in the amount of fees has to be accompanied by a declaration stating that the depositor is a natural person or legal entity of a developing country, with domicile or permanent headquarters in that developing country, and that the isolation or production of the microorganism is in no way associated with the activity of natural persons or legal entities of countries other than developing countries.

(Translation)